The three Justices of the Constitutional Court including the acting Chief Justice Alphonse Owiny Dolo, Cheborion Barishaki, and Christopher Madrama have dismissed the rebel MPs’ petition saying the Constitutional Court has no mandate to hear a petition in which 11 Members of Parliament challenge President Museveni’s sole candidature in NRM.
The NRM rebel MPs petitioned the Constitutional Court last year seeking to overturn the party’s Central Executive Committee (CEC) resolution to front President Museveni for the 2021 general election without internally competing for the party flag.
The party decision had as well been upheld by NRM Parliamentary caucus.
The MPs include Theodore Sekikubo, Barnabas Tinkasiimire, Mbwatekamwa Gaffa, Monica Amoding, John Baptist Nambeshe, Patrick Nsamba, Samuel Lyomoki, Sylvia Akello, Susan Amero, James Acidri and Moses Adome Bildard.
The MPs also contested the party’s decision to block them from attending Parliamentary caucus in Kyankwanzi that upheld the sole candidature of Museveni.
The three Justices believe Museveni’s sole candidature in his party does not violate the Constitution of Uganda.
In their ruling read by Deputy Registrar of the Constitutional Court Mary Babirye, the Justices added that other matters in the petition are not under the jurisdiction of the Constitutional Court.
“This Court has no jurisdiction in the matter since the petition raises no issue for Constitution interpretation,” said Babirye while reading the ruling.
The petitioners have also been ordered to pay costs to the NRM party.
“The petition shall pay costs of the petition to the respondent,” she added.
However, two Justices Kenneth Kakuru and Stephen Egonda Ntende sided with the petitioners saying that the NRM resolution which was passed with President Museveni chairing the session is a violation of Uganda’s Constitution.
The petitioners through their lawyer Medard Lubega Segona are appealing the ruling in the Supreme Court.
“We insist that they had the jurisdiction and they have abdicated on that responsibility, for which reason we have sought their indulgence to provide us with the record of proceedings in a timely manner so that we can pursue an appeal in the Supreme Court of the land,” said Segona.