Supreme Court throws out application seeking to have Kadaga quizzed over Age Limit fracas
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The Supreme Court has on Friday thrown out an application seeking to have the Speaker of Parliament Rebecca Kadaga quizzed over the fracas that marred passing of the age limit bill into law.
Lawyer Male Mabirizi, one of petitioners who appealed against the age limit judgment filed an application before the Supreme Court seeking to have Kadaga summoned and cross-examined over her role in the fracas that happened in parliament during the debate and passing of the age limit bill.
On Friday, seven justices of the Supreme Court including the Chief Justice, Bart Katureebe, Stellah Amoko Arach, Eldad Mwangusya, Ruby Opio Aweri, Tibatemwa Ekirikubinza, Paul Mugamba and Jotham Tumwesigye ruled that there is no need of summoning Kadaga for cross examination of her role during the age limit fracas.
The seven judges unanimously agreed that summoning Kadaga would be preemptive because it is part of the issued to be determined by the court the main appeal as raised by the petitioners.
“Regarding the issue that the application is preemptive of the issue framed for determination by this court of appeal, we observe that the applicant raises grounds relating to failure of the Constitutional Court to summon the speaker.Issue no.7 framed for trial by this court covers those grounds of appeal and this application is indeed preemptive of the issues which should not be allowed,” the court ruled.
“We consider this to be an abuse of court process because submissions have already been made on these grounds and court is required to pronounce itself on them.”
The court
later dismissed the application but declined to order Mabirizi for any costs.
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.
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 before delivering judgment in the matter.
