By Kabuye Ronald
Court of appeal has issued an interim order staying the proceedings in the high court in the electoral petition filed by Habib Buwembo challenging the Lubaga South MP Hon Kato Lubwama’s legitimacy in parliament on ground of lack of academic qualifications.
Justice Barishaki Cheborion sitting as a single judge of the court of appeal ruled that declining to grant the interim court order could result into miscarriage of justice since there is already a notice of appeal against Justice Margret Oumo Oguli’ 19th December last year ruling that allowed the extension of time to allow Buwenbo an electorate of lubaga south to challenge Lubwama’ victory beyond the 30 stipulated days.
In the same ruling Chaborion ordered the court registrar to quickly set the hearing date of the main appeal petition before the three justice of the same court where also the cost issue will be determined.
Speaking to journalist after the ruling, kato’ lawyers led by Caleb Alaaka welcomed the ruling saying that the high court erred in law adding that their major reason for the appeal is to have this superior court resolve the matter of extending time for election petition since there is no consistency in the high court given that so far three justices have allowed petitions of such nature while six of them have declined.
On his side Lubwama appealed to his electorate to remain calm since they have started enjoying part of their victory.
Meanwhile Habib’ lawyer Isaac Ssemakadde said that the ruling only gives them more time to investigate more in the matter, fully prepare to expose the dirty at makerere university and prove that Lubwama lacks the academic qualification.
Meanwhile all is not well for the deputy chief justice Steven Kavuma after Buwembo through his lawyer Isaac Ssemakadde applying for his disqualification from the panel of three justices to matter that was allocated the matter.
The panel includes Justice Steven Kavuma, Hellen Eboru and Chaborion Barishaki however Buwembo says that even when the case ends in their favor the public will not accept the outcomes given his credibility.
More reasons where advanced in his chamber where he heard the matter in camera and resolved to rule on whether he steps down or not on notice.