• Latest
  • Trending
  • All
  • News
  • Business
  • Politics
  • Science
  • World
  • Lifestyle
  • Tech
The Supreme Court

Supreme Court Upholds Decision to Ban Midterm Elections

January 6, 2022
Investigation; Why hunger, poverty continues to devour Karamoja despite dozens of gov’t programmes

Investigation; Why hunger, poverty continues to devour Karamoja despite dozens of gov’t programmes

June 3, 2023
UBOS trains supervisors for pilot census, fire two staff

UBOS trains supervisors for pilot census, fire two staff

June 2, 2023
Elle Parle

Elle Parle women’s open hosts 3rd edition

June 2, 2023
Police FC qualifies for Uganda Cup final for the first time in their history

Police FC qualifies for Uganda Cup final for the first time in their history

June 2, 2023
child murders

Police arrest five over vandalism

June 2, 2023
Govt should translate PDM documents to local languages -report

Govt should translate PDM documents to local languages -report

June 2, 2023
Why speaker Among is  rooting for payment of village health teams

Why speaker Among is rooting for payment of village health teams

May 30, 2023
Butiki League match day 2 of season 3 attracts a huge crowd

Butiki League match day 2 of season 3 attracts a huge crowd

May 29, 2023
We need to include the male in reproductive health education -Kadaga

We need to include the male in reproductive health education -Kadaga

May 29, 2023
UTB launches the explore Northern Uganda campaign

UTB launches the explore Northern Uganda campaign

May 26, 2023
ADVERTISEMENT
News 24/7
  • Home
  • News
    • All
    • Business
    • Politics
    • Science
    • World
    UBOS trains supervisors for pilot census, fire two staff

    UBOS trains supervisors for pilot census, fire two staff

    Elle Parle

    Elle Parle women’s open hosts 3rd edition

    Police FC qualifies for Uganda Cup final for the first time in their history

    Police FC qualifies for Uganda Cup final for the first time in their history

    child murders

    Police arrest five over vandalism

    Govt should translate PDM documents to local languages -report

    Govt should translate PDM documents to local languages -report

    Why speaker Among is  rooting for payment of village health teams

    Why speaker Among is rooting for payment of village health teams

    We need to include the male in reproductive health education -Kadaga

    We need to include the male in reproductive health education -Kadaga

    UTB launches the explore Northern Uganda campaign

    UTB launches the explore Northern Uganda campaign

    Police station attackers have political motives – Enanga

    Police officer shoots self to death

    Museveni rallies Masaka farmers on building businesses for legacy

    Museveni rallies Masaka farmers on building businesses for legacy

    Trending Tags

    • Donald Trump
    • Future of News
    • Climate Change
    • Market Stories
    • Election Results
    • Flat Earth
  • Entertainment
    • All
    • Gaming
    • Movie
    • Music
    • Sports
    Police FC qualifies for Uganda Cup final for the first time in their history

    Police FC qualifies for Uganda Cup final for the first time in their history

    20 years later, Newcastle United lands champions league glory

    20 years later, Newcastle United lands champions league glory

    Veteran Patrick Ochan vows to inspire Kigezi HomeBoyz FC to defend their Regional trophy

    Veteran Patrick Ochan vows to inspire Kigezi HomeBoyz FC to defend their Regional trophy

    Uganda Cranes to host Algeria in Cameroon

    Uganda Cranes to host Algeria in Cameroon

    What you missed at Butiki League season three day one

    What you missed at Butiki League season three day one

    Hundreds of runners at the 2023 Kabaka Birthday run (1)

    Thousands Throng Lubiri for the 10th Airtel – Kabaka Birthday Run

    10-man Express FC complete a double against BUL FC

    10-man Express FC complete a double against BUL FC

    Kataka fans injure 6 Adjumani FC players in melee

    Kataka fans injure 6 Adjumani FC players in melee

    Rogers Mato voted USPA Sportive/Assist personality for the month of March

    Rogers Mato voted USPA Sportive/Assist personality for the month of March

    Salim Jamal documentary: the goal keeper chronicles how he has managed to achieve

    Salim Jamal documentary: the goal keeper chronicles how he has managed to achieve

  • Watch Now
  • Sports
  • Shot Stories
  • Fact Checker
No Result
View All Result
News 24/7
No Result
View All Result
Home court

Supreme Court Upholds Decision to Ban Midterm Elections

The decision arises from two consolidated appeals filed by the Electoral Commission and the Attorney General and another from six members of Parliament who were then elected to represent people in newly created constituencies in elections held in 2018.

Dorothy Nalumansi by Dorothy Nalumansi
January 6, 2022
in court
Reading Time: 5 mins read
0
The Supreme Court
ADVERTISEMENT

URN. The Supreme Court has upheld the decision of the Constitutional Court banning midterm elections on grounds that it is illegal.

ADVERTISEMENT

 This was in a majority decision of five Justices against two delivered on Thursday by the Supreme Court Registrar Harriet Ssali Lukwago on behalf of the majority Justices Mike Chibita, Percy Night Tuhaise, Ezekiel Muhanguzi, Paul Mugamba, and Faith Mwondha.  

The decision arises from two consolidated appeals filed by the Electoral Commission and the Attorney General and another from six members of Parliament who were then elected to represent people in newly created constituencies in elections held in 2018. 

ADVERTISEMENT

The MPs were Patrick Ocan, the Apac Municipality Member of Parliament, Elioda Tumwesigye who was then representing Sheema Municipality, Tarsis Rwaburindore Bishanga for Ibanda Municipality, Hashim Sulaiman for Nebbi Municipality, Asuman Basalirwa for Bugiri Municipality, and Peter Abrahams Lokii for Kotido Municipality.

 

After the creation of the municipalities, the Bufumbiro East MP Eddie Kwizera petitioned the Constitutional Court challenging the legality of the process leading to their creation.

Kwizera argued that the parliamentary decision dated August 9th, 2016 dividing Uganda into 296  constituencies was in contravention of the constitution because the Electoral Commission had not properly demarcated their boundaries as required in the law.

He also noted that the holding of elections that are neither residual nor by-election or a general election was also unconstitutional. 

Kwizera accordingly asked the Constitutional Court to quash the Parliamentary resolution and declare the elections in the said municipalities as illegal and also to declare the seats of the legislators who were representing them as vacant.

Bugiri Municipality MP Asuman Basalirwa and bobi wine campaign

In their judgment, the Constitutional Court Justices led by the then Deputy Chief Justice Alfonse Owiny-Dollo’s agreed with Kwizera and threw out the MPs arguing that their constituencies were created after the 2016 general elections.

As such, the Constitutional Court Justice Christopher Madrama who wrote the court’s decision accordingly declared the seats of the six MPs, non-existent, vacant, and therefore illegal.  

The Electoral Commission was then ordered to within one-year file before the Constitutional Court evidence of the prescription of Parliament of the number of constituencies in Uganda for the next general elections and also to provide evidence of their demarcation within ten months after the court decision.

The Electoral Commission and government were also ordered to pay half of the taxed costs to Kwizera the Petitioner and the six legislators were ordered to vacate Parliament immediately since they had been elected in nonexistent positions.  

However, the Electoral Commission and the Attorney General appealed against the ruling in the Supreme Court.  

They argued that the Municipalities were duly created by a parliamentary decision and as such, the constitutional court Judges erred in law and fact by arriving at a decision for dismissal and declaring the said constituencies as nonexistent.   The Supreme Court also heard that the Constitutional Court Judges erred in law and fact by making a decision to dismiss the legislators without being accorded a right to a fair hearing.  

After the decision was made, the six legislators were not a party to the initial petition of Kwizera and they also filed an appeal arguing that they were not represented and their right to be heard was violated. This the MPs said they were being dismissed from parliament when they reportedly didn’t know about the proceedings so as to ably defend themselves.

Accordingly, the MPs asked the Supreme Court to quash the judgment of the Constitutional Court.   But the MPs later obtained a temporary injunction halting the implementation of the Constitutional Court decision and thus stayed in Parliament up to the end of their term of office in 2021 as they continued waiting for today’s decision.  

In their Judgement, the Majority Supreme Court Justices have upheld the Constitutional Court decision saying that it was very clear because the constitution enables Parliament to prescribe the number of constituencies Uganda shall be divided into. 

“…the next step that would involve the Electoral Commission is demarcating constituencies and the considerations that each county as prescribed by Parliament has at least one member of Parliament and no constituency falls within more than one county,” reads the judgment in part.

Adding that ” there is no evidence on record to show that the Electoral Commission ever undertook to demarcate constituencies based on the resolution of Parliament dated August 9th 2016”. According to the Justices, this, therefore, meant that the process of creation of constituencies as prescribed in the Constitution was never completed.

“In view of this, the Electoral Commission could not be seen to organize elections in purported constituencies whose demarcation and creation had not been completed in law. 

The Justices have also confirmed that article 83 of the Constitution is very clear on the circumstances under which a seat can fall vacant.

According to the article, a seat can fall vacant if the current legislator resigns his or her office in writing signed by him or her and addressed to bathe speaker, is absent for 15 parliamentary sittings continuously, and is unable to offer a satisfactory explanation for his or her absence, when found guilty, recalled by voters among other reasons. But this the Supreme Court says was not the case in the election of MP Basalirwa and his colleagues. 

Accordingly, the Court has dismissed the consolidated appeals and ordered that the government, Electoral Commission, and the aforementioned legislators some of which have since lost the bid to return to Parliament to pay costs to Kwizera.

The Electoral Commission Lawyer Eric Sabiiti about the decision said that for over 20 years, the Commission has been conducting elections with guidance from a number of court decisions and that this will equally be implemented.

Tags: Supreme Court
ShareTweetSend
Previous Post

Unvaccinated Residents Denied Access to Luwero Headquarters

Next Post

Aubameyang tests positive for COVID 19 after partying in Dubai

Dorothy Nalumansi

Dorothy Nalumansi

Next Post
Aubameyang

Aubameyang tests positive for COVID 19 after partying in Dubai

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

  • Trending
  • Comments
  • Latest
Why more Ugandans in diaspora want policy on migrant workers reviewed

UAE stops Issuance of 30-day Visas to Ugandans

October 24, 2022
Kampala Massage

“I have live sex with 18 clients a day” – Kampala massage therapist

October 2, 2022

Muhoozi Promotion is Actually a demotion – Solomon Serwanjja

October 5, 2022
Immaculate Kibekyenga Corruption unit

Anti Corruption unit saves Girl from Saudi Organ Harvest racket

5
4.8 Billion Collected in Traffic Police Operations

4.8 Billion Collected in Traffic Police Operations

3
Doctor on ebola frontline speaks to us annonymously

“We are denied PPE, threatened and intimidated” – Exclusive Interview with a doctor on the Ebola Frontline

3
Investigation; Why hunger, poverty continues to devour Karamoja despite dozens of gov’t programmes

Investigation; Why hunger, poverty continues to devour Karamoja despite dozens of gov’t programmes

June 3, 2023
UBOS trains supervisors for pilot census, fire two staff

UBOS trains supervisors for pilot census, fire two staff

June 2, 2023
Elle Parle

Elle Parle women’s open hosts 3rd edition

June 2, 2023
ADVERTISEMENT
News 247

Copyright © 2021 24/7 Broadcasting Ltd. [email protected]

  • About
  • Advertise
  • Privacy & Policy
  • Contact

Follow Us

No Result
View All Result
  • Home
  • News
    • Virtual Exhibition
    • Politics
    • Business
    • World
    • Science
  • Tech
    • Apps
    • Gear
    • Mobile
    • Startup
  • Entertainment
    • Music
    • Movie
    • Sports
  • Lifestyle
    • Food
    • Fashion
    • Health
    • Travel
  • Shot Stories
  • Fact Checker

Copyright © 2021 24/7 Broadcasting Ltd. [email protected]