The court ruling in which Lubaga South MP Kato Lubwama challenges the decision of High court judge Margaret Oumo Oguli, allowing his contender Habib Buwembo to file an election petition beyond the legally stipulated time has flopped.
This matter had been scheduled for ruling today before the constitutional court, but the lawyers of the respondent (Buwembo) raised issues which court has to address before delivering the ruling.
Counsel Isaac Ssemakadde informed court that he had instructions from his client to seek court’s direction on how the new panel was constituted to hear this matter.
He added that ever since the then Deputy Chief Justice Stephen Kavuma, who was the head of the panel hearing this matter retired, they have never received any information regarding who was replacing him on the panel.
Also, as the Deputy Chief Justice Alphonse Owiny-Dollo and Henry Obura, who are among those that heard this case are out of the country, Justice Burishaki adjourned it for two weeks to enable the judges to return back and add their input regarding the composition of the panel.
Addressing journalists after court, Habib Buwembo the respondent questioned the source of the ruling that was to be read today, yet he alleges the appeal has never been heard.
“On 12th December 2018 as we came to court we were promised to that once Justice Kavuma’s successor is selected we shall be contacted which has never been up to today ” Buwembo
The Apellant’s lawyer Sam Muyizzi Mulindwa faulted the respondent’s lawyer fordelaying the matter yet he knows the clear stage at which it is.
“We had all agreed that our submissions before the previous panel will be used by the new panel in making its decision,” Muyizzi added
On 5th January 2017, High judge Justice Margaret Oumo Oguli delivered a ruling in which she gave permission to Habib Buwembo, one of the residents of Lubaga South to file an election petition against Kato Lubwama out of the stipulated time frame which Lubwama challenged