The East African Court of Justice ( EACJ ) has dismissed the presidential age limit petition filed by lawyer Male Mabirizi.
In May last year, Mabirizi petitioned EACJ to invalidate Constitutional Amendment Act 2018 which endorsed presidential age limit removal in the Constitution.
The petition followed the Supreme Court pronouncement in which majority justices (4:3) dismissed Mabirizi’s appeal, on the premise that minor omissions had no meaningful effect on the process of the entire enactment of the Act.
The then Chief Justice Bart Katureebe, Stella Arach Amoko, Rubby Opio Aweri, and Jotham Tumwesigye upheld the earlier Constitutional Court verdict. The dissenters were Eldad Mwangusya, Lilian Tibatemwa- Ekirikubinza, and Paul Mugamba.
Mabirizi contends that the actions of Parliament, Executive and the Judiciary, contravene provisions of the Treaty for Establishment of the East African Community (EAC). He wanted the article 102 (b) reinstated.
On July 14th 2020, five judges at the Arusha-based court in Tanzania, through video-link, heard the final submissions from Mabirizi and Uganda Attorney General (AG) William Byaruhanga.
According to the judgement delivered by EACJ Principal Judge Monica Mugenyi, the court dismissed the matter and ordered each party to bear its costs.
Court ruled that when the parliament of Uganda passes the law despite irregularities and president assents to it, it becomes binding.
