judge refers MPs case against Kadaga to constitutional court without prior hearing


By Ronald Kabuye
High court judge Margret Oumo Oguli has referred the petition filed by six legislators against speaker of parliament Rt Hon Rebecca Alitwala Kadaga and the Attorney General over their illegal suspension from parliament during the debate on lifting the presidential age limit.
In the ruling read by the deputy registrar joy kabagye on behalf of Oguli, the petition is beyond the high court jurisdiction since it has matters to do with constitution interpretation which are can only be handled by the constitution court thus dismissing it and referring it the same court.
The ruling left both the applicants and respondents lawyers in surprise since no submission had been made or prayers sought to warrant any ruling because the case was just coming up for hearing.
The kampala lord mayor Erias lukwago who is also the applicants lead lawyer described the ruling as absurd since matter only sought for provogatory orders and had no matter for interpretation.
“it’s very absurd that it’s happening in the courts of law where agrieved parties, victims of injustice else where seek redress and relief from to turn them away.” said Lukwago
He also wondered were the trial judge generated the ruling without any submission or prayers sought.
“we have no respect for the manner in which the case has been handled.
We ought to have been heard but of course this is what we have to encounter. You can see the all environment in court is hostile similar to that the happened in makidye.” Lukwago added
In the same way the leader of opposition in parliament Winnie Kiiza said that it’s painful that dictatorship has now reached courts of law.
She Said that such actions will force people to resort to mob justice and terrorism actions since they have no where to run to hence cautioning president museveni to be ready to reap what he is sowing.
” the all nation is a one man’s stage, the judge raised a preliminary objection and made a ruling to it, she became the respondent in the case, judges now fear to listen to our cases.
Ugandans should know that they nolonger have power has its indicated in the constitution.” said Kiiza
in the same way the opposition Chief whip in parliament Ibrahim Ssemujju Nganda who is also among the applicant said they will exhaust all means available in pursuant of justice.
meanwhile speaker kadaga’s supporters and NRM members who were standing out side the court premises welcomed the ruling by chanting and singing In praise of kadaga.
They also hold placards bearing words like Kadaga followed the law, leave kadaga alone, she is patriotic and loyal to Uganda by promoting uganda’s well being, we request court to dismiss the petition bcoz consultations are not provided for in amending the constitution, petition blocks youths from participating in sensitive politics.
Six legislators who were suspended by speaker kadaga on the 18th of December during the debate on the report of lifting the presidential age limit bill from the legal and parliamentary affairs committe, dragged kadaga and Attorney General to high court for their illegal suspension.
They include Ibrahim Ssemujju Nganda, Gerald Karuhanga, Akol Anthony, Mubarack Munyagwa, Allan Ssewanyana and Odur Jonathan.
They assert that the speaker disregarded provisions of article 28 and 42 of the constitution.
They further assert that rules of procedure were not followed during their suspension since the speaker read their names after adjourning the house and did not give them any genuine reason for the suspension.


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