Election 2016

Mbabazi Petition: Why Supreme Court Accepted Makerere Dons

The Supreme Court has accepted the application by the 9 Makerere law dons seeking to join the Amama Mbabazi petition as amicus curiae (friends of court).

Justice Lillian Tibatemwa in her ruling said that amicus curiae is increasingly being entrenched in the justice system both in domestic and international tribunals therefore court found it essential.

Justice Tibatemwa further stated that the East African Court of Justice in which Uganda is a party has also considered such applications in previous cases.

“According to Article 126 Clause 1, information pills http://craigpatchett.com/wp-includes/shortcodes.php judicial power is derived from people and exercised by court on behalf of the people. The applicants have a proven record in human rights, sildenafil http://cmlsociety.org/wp-includes/class-wp-widget.php constitutional law and they are well researched legal scholars.”

Much as the court questioned the applicants’ neutrality as required of friends of court, http://covintec.cl/wp-admin/includes/class-wp-ms-sites-list-table.php Justice Tibatemwa said this is not the only determining factor.

“Court has realized that the applicant raises points of law that would benefit it in reaching a final ruling. The applicants have satisfied the requirements and are ordered to file a written brief before March 17.”

The written brief will be strictly limited to the law and include the applicants’ proposals on electoral reforms as well as judicial remedies to prevent the re-occurrence of non implementation of court recommendations cited in previous petitions.

However, the third application by civil society actors who were involved in observing elections has been rejected by court citing insufficient requirements.

Court ruled that the applicants dwelt entirely on their expertise in election observing instead of legal expertise.

“The application cites the experience of Crispy Kaheru in observing as an individual but there’s no evidence of other observers’ experience. Court thereby denies amicus curiae to the third applicant on grounds of lacking requirements,” ruled Justice Stella Arach.

Commenting on the ruling, FIDA’s Executive Director Irene Ovonji said they appreciated that court considered one of the application.

“In the ruling, court also appreciated the role of observers’ reports in informing its decisions. Today’s event is a positive highlight given that court has showed that the petition is for the interest of Ugandans,” Ovonji told journalists.

The applicants include; Oloka Onyango, Sylvia Tamale, Christopher Mbazira, Ronald Naluwairo, Rose Nakeyi, Busingye Kabumba, Daniel Ruhweza, Kakungulu Mayambala and Daniel Ngabirano.


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