Justice Elizabeth Musoke has become the second judge to uphold the amendment of article 102(b) to lift the minimum and maximum age limit from the constitution.
Parliament in December passed the controversial age limit bill to lift the cap on the presidential and district chairperson age limit from the constitution after a total of 317 MPs voted in favour of the motion whereas 97 were against it.
A group of five people including the Uganda Law Society (ULS), lawyer Male Kiwanuka Mabirizi, six opposition MPs led by the Leader of Opposition in Parliament, Winnie Kiiza, Prosper Businge, Dr. Abed Bwanika and Jonathan Abaine Buregyeya would later petition the Constitutional Court challenging the passing of the age limit bill into law saying it contravened the constitution.
However, in her ruling, Justice Musoke said there was nothing wrong in amending article 102(b) of the constitution to lift the cap on age limit.
“Article 102 is not entrenched in the constitution and by amendment of the minimum and maximum age limits, citizens are even more inspired to stand and actively participate in the elections,” Justice Musoke ruled.
“Removal of age limit may encourage the incumbent to stay put in power, but the citizens reserve the right to vote for or against him.”
Earlier, Justice Cheborion Barishaki had also ruled that there was no law contravened by parliament while passing the bill.
“The argument by the petitioners that amendment of presidential age limits violated people’s sovereignty is not tenable. There was a bill, there was debate. There was consultation,”Barishaki ruled earlier.
Both judges also concurred that parliament had no powers to extend its mandate and that speaker Kadaga acted within her powers to throw out Members of Parliament for causing chaos during the age limit debate last year.
Three more justices of the Constitutional court including Alphonse Owiny-Dollo, Remmy Kasule, Kenneth Kakuru are yet to deliver their rulings on the age limit petition.