KAMPALA – The Supreme Court has on Thursday, June 4 ruled in favour of the six MPs who were earlier expelled from the parliament by the Constitutional Court.
The Constitutional Court in Kampala on December 27, 2019, ordered six MPs to vacate Parliament on grounds that they were elected in constituencies that were non-existent.
The affected MPs are; Mr Patrick Ochan (Apac, UPC party), Dr Elioda Tumwesigye (Sheema, NRM party), Mr Tarsis Rwaburindore (Ibanda, NRM party), Mr Hashim Sulaiman (Nebbi, NRM party), Mr Asuman Basalirwa (Bugiri, Jeema party) and Mr Abraham Lokii (Kotido, NRM party).
The Justices of the court in their unanimous decision held that the elections in the aforementioned constituents/ municipalities were conducted neither in general elections nor as a way of by-elections which are the only recognized ways of electing MPs into Parliament.
The expulsion followed a petition by former Bufumbira East MP Eddie Kwizera to the Constitution Court against the six legislators.
However, the Attorney General and Electoral Commission appealed against the Constitutional Court judgment in the Supreme Court.
On Thursday 4 June, the seven Supreme Court justices including Esther Kisaakye, Stella Arach Amoko, Opio Aweri, Lillian Tibatemwa, Richard Buteera, Mike Chibita and Paul Mugamba directed that the six MPs should stay in parliament as they await the outcome of the main case in which they are challenging the lower court’s judgment.
“We find that the applicants have demonstrated seriousness to pursue the appeal and the application was lodged without undue delay,” the court ruled.
The justices argued that if the affected MPs are kicked out of parliament before their appeal is disposed of, the outcome of the main case may be rendered useless.
“We find that the intended appeal involves matters of significant public importance and raises serious constitutional and legal matters which warrant determination by this Court.