Court

Why Supreme Court Stayed Eviction of Six Legislators

Supreme Court on Thursday, June 4 stayed the Execution of Constitutional Court ruling which expelled six legislators representing newly constituted Municipalities.

The representatives for these Municipalities are; Hon Asuman Basalirwa for Bugiri, Hon Peter Ochan for Apac, Hon Peter Abraham for Kotido, Hon Elioda Tumwesigye for Sheema and Hon Tarsis Rwaburindore for Ibanda.

In their ruling, the panel of seven supreme court justices namely; Stella Arach Amoko, Esther Kisakye, Micheal Chibita, Opio Aweri, Lilian Tibatemwa, Richard Buteera, and Paul Mugamba ruled that the legislators should stay in parliament until the determination of the main case in which they challenge lower court’s decision.

“The Registrar of Constitutional Court is hereby directed to expeditiously produce the record of proceedings to enable the applicants file the appeal.”

The judges added that this appeal involves matters of significant public importance and raises serious constitutional and legal matters which deserve to be determined by the same court.

On whether the electing of these Members of Parliament was null and void or in accordance with the law, the justices have said that it will be determined in the main appeal.

Last year, the constitutional court expelled six MPs from the newly created municipalities for contesting in non-existing constituencies.

In nullifying their election, the court made a finding that the Electoral Commission conducted premature elections.

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According to the Constitutional Court ruling, elections in those new municipalities had to be conducted in 2021, however, the Attorney General and the Electoral Commission appealed to the Supreme Court against the Constitutional Court decision.

This followed a petition by the former Bufumbira legislator Eddy Kwizera who went to court challenging the election of these Legislators, that they were illegally elected to Parliament since they contested in non-existent constituencies.

 

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