Lawyers have asked court to summon the Chief of Defence Forces Gen.David Muhoozi and the speaker of Parliament Rebecca Kadaga for cross examination in the ongoing age limit case in Mbale.
Hearing of a consolidated petition in which a group of five people petitioned the Constitutional Court against the recently passed age limit bill into law saying it contravened the constitution kicked off on Monday in Mbale.
According to the lawyers led by Erias Lukwago, government officials led by Gen.Muhoozi, Kadaga should be summoned to the court to be cross examined on the affidavits they swore in regards to the matter.
“These witnesses have sworn affidavits on record and we intend to check what they have raised in interest of justice,”Lukwago told court on Monday morning.
The lawyers also asked court to compel the clerk to parliament, sergeant at arms and MP Moses Balyeku to appear for cross examination.
However, in response, the Attorney General’s lawyers led by the Deputy Attorney General Mwesigwa Rukutana opposed the move saying the above mentioned people enjoy immunity provided for in the constitution.
According to some of the guidelines to be followed in the case, the court will also be tasked to decide whether actions of the security forces led by the army and police that included entering of parliament and the alleged assault on legislators during the age limit debate was not in contravention of the law.
On December 18,2017, a section of opposition legislators led by the Leader of Opposition, Winnie Kizza stormed out of the August house in protest against Speaker Rebecca Kadaga’s decision to suspend some of their colleagues including Allan Ssewanyana, Ssemujju Nganda, Jonathan Odur , Gerald Karuhanga Mubarak Munyagwa and Anthony Akol and court is expected to decide on the legality of the decision by Kadaga to allow presentation of a private members in the absence of the legislators.
Parliament on December 20 passed the age limit bill before being signed into law by President Museveni seven days later to allow lifting of the cap on the lower and upper age limit from 35 and 75 respectively.
Five petitions were later filed by the Uganda Law Society (ULS), six opposition MPs , lawyer, Male Mabirizi, Dr.Abed Bwanika and Prosper Busingye,a concerned citizen from Western Uganda challenging the passing of the bill last year.
A panel of five justices of the Constitutional Court led by the Deputy Chief Justice Alphonse Owiny- Dollo have today commenced listening to submissions by both parties in the petitions which were consolidated into one.