Seven Supreme Court judges to hear consolidated age limit appeal in 2 days

Kenneth Kazibwe

Kenneth Kazibwe

, Featured

A panel of seven justices of the Supreme Court will hear the consolidated age limit appeal in two days between January 15 and 16 next year, the Nile Post has learnt.

A group of three parties including the Uganda Law Society, lawyer Male Mabirizi and 11 MPs led by Winnie are challenging the Constitutional Court judgment on the removal of presidential age limit from the Constitution.

On Wednesday during the pre-trial hearing, the parties in the matter were told that a panel of seven justices of the Supreme Court will hear the case.

These will include the Chief Justice Bart Katureebe,Paul Mugamba,Stella Amoko Arach, Ruby Apio Aweri, Jotham Tumwesigye, Eldad Mwanguhya and Lillian Tibatemwa Ekirikubinza.

8 issues to be determined

The parties also agreed on eight issues that they would want court to determine during the consolidated age limit appeal.

The Supreme Court will be required to determine whether the Justice of the Constitutional Court misdirected themselves on the application of basic structure doctrine while determining the age limit petition.

The court will also be required to determine whether the Justices of the Constitutional Court erred in law when they said that the entire process of consulting, debating and enactment of the age limit act didn’t contravene provisions of the 1995 constitution and the rules and procedures of parliament.

The appellants share a light moment at the Supreme Court .

The parties also agreed that court should determine whether the Justices of the Constitutional Court erred in law when they held that the scuffle and violence in and outside parliament didn’t contravene the 1995 constitution.

They also agreed for the court to determine whether the Justices of the Constitutional Court applied the substantiality test while deciding the age limit petition.

The Supreme Court will also be required to determine whether the Justices of the Constitutional Court misguided themselves when they ruled that passing of the age limit was not inconsistent with the 1995 Constitution.

The court will also determine whether the judges contravened the 1995 Constitution when they ruled that the president elected in 2016 will not leave office after clocking 75 years of age

The parties also agreed that court should determine whether the Justices of the Constitutional Court derogated the applicants’ right to fair hearing, injudiciously  exercised their discretion  and committed  procedural irregularities and if so, to what extent did it affect the final judgment.

The respondents(L-R);Solicitor General,Deputy Attorney General and Attorney General.(PHOTOS BY Kenneth Kazibwe).

The appellants were ordered to submit written submissions by November 28 whereas the Attorney General is required to respond with written submissions by December 31.

The Chief Justice Bart Katureebe who is heads the panel of judges said the case will be heard for two days on January 15 and 16 before the judgment is delivered on notice.

The Constitutional court in July delivered its judgment and it threw out petition prompting the petitioners to appeal against the decision through the Supreme Court.

 

 

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