Lawyer Mabirizi challenges presidential nominations in East African court
Lawyer Male Mabirizi has run to the East African Court of Justice to challenge the recently concluded presidential nominations.
A total of 11 presidential candidates were duly nominated and cleared to start campaigns for the forthcoming presidential election in 2021.
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In a case filed before the East African Court of Justice, Mabirizi says the action of processing and nomination of candidates by Justice Simon Byabakama as the Electoral Commission chairperson and returning officer for the presidential elections was illegal since he is still serving as justice of the Court of Appeal.
“He(Byabakama) is a serving Uganda Justice of Appeal who did not relinquish his position in that office before carrying out the said Nominations as required by Article 60(5)(d) of The Uganda Constitution,”Mabirizi says.
The lawyer also says that action of the Electoral Commission’s creation of a National Organising Committee (NOC), comprising various partner government ministries, departments and agencies to which it surrendered powers to manage Presidential election nominations was also illegal as well allowing the police to manage the nomination venue was also against the law.
“The process and action of nomination of all presidential candidates without requiring them to produce their respective original birth certificates to prove that they are Ugandans by birth,their respective original Uganda Advanced Certificates of Education or its equivalent to prove that they are academically qualified, and resolutions of their respective political parties and organisations’ general assemblies electing them as flag bearers was illegal,”Mabirizi avers.
The lawyer says the act of allowing candidates without presenting their original birth certificates, UACE documents directly affects NRM’s Yoweri Museveni and National Unity Platform’s Robert Kyagulanyi.
According to Mabirizi, the actions of arresting and detaining FDC’s Patrick Oboi Amuriat and NUP’s Robert Kyagulanyi on their nomination day was against the law.
Declarations
Mabirizi wants the East African Court of Justice to declare that the entire process of nominating presidential aspirants by the Electoral Commission was null and void and should be repeated.
“The applicant prays that court issues an order annulling the processes, actions and decisions of the nomination of Uganda presidential candidates for 2021 election conducted by the Uganda Electoral Commission between November 2 and 3, 2020 and all its resultant processes, actions and decisions,” Mabirizi says.
The lawyer also wants court to issue an order that every Ugandan presidential aspirant must avail an original copy of his or her birth certificate and original UACE certificate or its equivalent.
“The applicant wants court to award general damages due to disturbance and anguish caused to the applicant arising out of the actions, decisions and directives complained against in this reference.”
