By Otim Nape
Lord Mayor Erias Lukwago & other petitioners’ lawyers are almost done making their submissions in Mbale which has been hosting the Constitutional Petition hearings. Equally true the respondent’s legal team are almost done making their case in defense of the respondents. But what exactly have the Lukwago’s taken the last seven days trying to tell Court in very many words? Because many of our readers are non lawyers, making sense of all those things may not be easy which is why we are offering to strictly summarize what we picked and considered to be the case the petitioners sought to make in Mbale.
THE DETAILS;
Firstly they sought to tell court that the amendment process was procedurally defective because of the bribery, violence and intimidation that was occasioned by the Museveni ruling regime. This was the case the petitioners wished to corroborate by calling in the likes of David Muhoozi, Frank Mwesigwa and Asuman Mugyenyi for cross examination. They also sought to tell Court that the requisite certificate of financial implications, as presented by Speaker Kadaga & Clerk Jane Kibirige, wasn’t properly obtained. This is why they called in Kibirige and PSST Keith Muhakanizi for cross examination. They also sought to show Court that the requirement under Article 93 that a private member’s bill can only be accepted if it will have zero financial implications on the already budgeted government programs wasn’t complied with because, in their view, lots of money was spent and thereby impacting on the national treasury in ways that were never envisaged at the start of the financial year. This is the illustration the Muhakanizi cross examination sought to achieve. It was also the petitioners’ case that the December 2017 events in Parliament exceeded the Magyezi Bill original intention of merely scrapping the age limit and significantly altered the super structure of the 1995 Constitution which, they argued, was anchored on two pillars namely peaceful transfer of power & orderly transition in the context of the country’s turbulent history. It was their case that in exceeding the original intentions of the Magyezi Bill for which the certificate was obtained, the amendment process went as far as altering Article 260 of the Constitution that imposes the requirement of a referendum. They submitted that Parliament also circumvented and amended legal provisions that imposed the 14 days separation between the bill’s first & second reading. Gentlemen & Ladies in brief that was the case of the petitioners and its on those areas that the 5 Justices will pronounce themselves when their ruling finally comes out. All that the AG’s side said or did, including cross examining Betty Nambooze, was aimed at countering the petitioners’ case epitomized by their lawyers Erias Lukwago, Ladislaus Rwakafuzi, Wandera Ogaro and the rest of the team. For comments, call/text/Whatsapp us on 0703164755!
