The hearing of the petition in which opposition politicians and the Uganda Law Society challenge last year’s amendment of the constitution which removed the upper Presidential age limit of 75 has begun in Mbale.
The hearing of the case by the Constitutional Court is being presided over by a panel of 5 Judges led by Deputy Chief Justice Aliphonse Owiny Dollo. Other Justices include; Remmy Kasule, Elizabeth Musoke, Kenneth Kakuru and Cheborion Barishaki.
The consolidated petition has Male Mabirizi Kiwanuka, Karuhanga Kafureka, the Uganda Law Society, Prosper Busingye, and Jonathan Abaine as the petitioners against the Attorney General and Speaker of Parliament, Rebecca Kadaga.
The case follows the events of December 21 last year when a total of 317 Members of Parliament, majority from the ruling NRM voted in favour of the removal of the constitutional age limit of 75 for anyone to be eligible to run for Presidency. In the same amendment, MPs extended their tenure as well as that of elected councils at the local government from 5 years to 7 years.
But the opposition and other concerned citizens would later protest the amendment saying it was unconstitutional and against the will of the majority of citizens.
The judges will hear and deliver a ruling on the seven issues that were agreed upon by the petitioners and the defendants.
In the petition, the Panel will dwell on whether Sections 2 and 8 of the Amendment, which extended the terms of MPs from 5 to 7 years contravened Articles 1, 77, and 77(4) of the constitution, which; gives all powers to the citizens, limits the term of MPs to 5 years and allows a 6-month extension of the MPs term (only during a state of war or a state of emergency).
The panel of Judges will also determine whether the extension of the term of Local Government Councils from 5 to 7 years and the retrospective application of this extension isn’t in breach of Articles of the Constitution that stipulate the powers and operations of the local councils.
In their case, petitioners argue that the removal of the Presidential age limit was in contravention of Article 260 of the constitution, which requires such an amendment to be subject to a referendum.
They also challenge the mode of consultations held by MPs about the amendment and question their adherence to Article 29 of the Constitution.
Other issues include the ‘invasion’ of Parliament by security operatives, tabling of the Bill in the absence of the Leader of Opposition and Chief Whip, as well as the constitutionality of the Presidential ascent to the bill in the absence of the Certificate of Compliance from the Speaker and the Certificate of the Electoral Commission confirming that the amendment was approved at a referendum.
Some of the opposition MPs including FDC Spokesperson, Ibrahim Semujju Nganda, DP’s Allan Sewanyana, FDC’s Nandala Mafabi and Mubarak Munyagwa attended the hearing.
