The Court of Appeal has said it will deliver its ruling on notice in a case in which a voter is challenging Lubaga South MP Kato Lubwama’s academic documents.
Habib Buwembo, a voter in Lubaga South challenged Lubwama’s 2016 election for lack of proper academic documents, arguing that the legislator connived with Makerere University and was admitted in 1992 for a diploma in Music and Drama yet he hadn’t obtained the minimum mature age which is 25.
He argues that Lubwama was 22 years at that time, which was three years below the mandatory minimum age for mature entry.
Buwembo says the legislator lacks the Primary Leaving, Uganda Certificate of Education and Uganda Advanced Certificate of Education documents( or their equivalent) to enable him be in parliament.
In 2017, a single judge of the Court of Appeal, Cheborion Barishaki, issued an interim order indefinitely staying the hearing of Buwembo’s petition filed against Lubwama before the High Court.
Buwembo later contested against the interim order by Justice Barishaki before three justices of the Court of Appeal.
On Monday, when the matter came for hearing before a panel of three justices including Geoffrey Kiryabwire, Elizabeth Musoke and Irene Mulyagonja, the court asked all the parties to file written submissions and wait for the court’s ruling.
The court asked Buwembo’s lawyers led by Isaac Ssemakadde to file their submissions by July 29 whereas Kato Lubwama’s side was asked to file their response by July 31.
“We shall deliver our ruling on notice,” Justice Kiryabwire said.
Kato Lubwama’s case is among the 63 civil and election appeals that the Court of Appeal is set to hear and dispose of.
On Monday, the same court accepted the withdrawal of the election appeal by NRM’s Nusura Tiperu against Arua Municipality Member of Parliament, Kassiano Wadri.
