Supreme Court has set January 15 and 16 as the dates for hearing of consolidated appeal against Constitutional Court’s ruling that maintained parliament’s decision of expunging age limit clause of 75 years.
Appearing before a panel of seven judges of Supreme Court, Chief justice Bart Katureebe, Lillian Tibatemwa Ekirikubinza, Paul Mugamba, Ruby Apio Aweri, Jotham Tumwesigye, Stella Amoko Arach and Eldad Mwanguhya, Katureebe ordered both parties to file their submissions within a fortnight saying complaints filed big volumes of books which needs to be summarized.
He said court has rules governing memorandum of appeal and because rules are clear you can’t just bring anything form the market and bring it as a memorandum of appeal.
“Memorandum of appeal should not be argumentative, not leading evidence and not be a narrative. It should just point out what was wrongly decided by the lower Court that is what should be filed. You file a memorandum of 120 paragraphs and so on is making the work of this court difficult. it’s against the rules and I pray all of you go look at your pleadings by the time we sit tomorrow some of you may find yourselves with no appeal
“Based on consultations, your submissions must be in not more than 50 pages font 14 and in 1.5 spacing. Attorney general will later file his response on December 15.” he ordered.
He said the consolidated appeal will be heard on January 15 and 16 and later judgment will be delivered on notice. In the same court Uganda law society was disqualified for late submission of their appeal.
In December last year Parliament passed age limit bill lifting both the lower and upper presidential age limit cap of 35 and 75 years, giving a leeway for President Yoweri Museveni who is currently 73 years to stand for presidency in 2021.
Due to dissatisfaction with what transpired in Parliament, six opposition legislators led by Winnie Kiiza, Uganda Law Society, and Male Mabirizi among other concerned citizens petitioned the Constitutional Court challenging the ‘Age Limit Act’.
On July 26, four of the five judges of Constitutional court led by Deputy Chief Justice Alphonse Owiny-Dollo, Chebrion Barishaki, Elizabeth Musoke and Remy Kasule endorsed the expunging of both lower and upper presidential age limit that was capped at 75 years according to the 1995 and discarded the elevation of five to seven legislator’s tenure in office.
Both parties, Uganda law society, opposition MPs, and Male Mabirizi, filed a memorandum of appeal at the Supreme Court challenging parts of the constitutional court judgement. They argued that the process of enacting the bill was marred with violence, assault of legislators, storming of Special Forces Command (SFC) in Parliamentary chambers and violations of human rights which among others contradicts with Parliamentary rules and procedures.