Kampala, Uganda | THE INDEPENDENT | There was drama in the Supreme Court when the appeal challenging the constitutional order ejecting six legislators from the newly created municipalities came up for hearing on Wednesday morning. The legislators are Patrick Ocan from Apac Municipality, Dr. Elioda Tumwesigye, Sheema Municipality, Tarsis Rwaburindore Bishanga, Ibanda Municipality, Hashim Sulaiman, Nebbi Municipality, Abrahams Lokii, Kotido Municipality and their Bugiri municipality counterpart, Asuman Basalirwa.
Constitutional court justices led by the then Deputy Chief Justice, Alfonse Owiny –Dollo ordered the legislators to vacate parliament following a successful application filed by the former Bufumbiro East Member of Parliament, Eddie Kwizera on grounds that they were elected into non-existing constituencies. He argued that the creation of their constituencies after the 2011 General Elections contravened the law.
However, the Electoral Commission and the Attorney General appealed the constitutional court decision in the Supreme Court. The MPs also filed a separate appeal through their lawyers led by Ntabwireki Kandeebe, saying they were denied a fair hearing since they weren’t party to the Constitutional court proceedings.
However, on Wednesday morning, Ntabwireki Kandeebe told a panel of seven Supreme Court Justices led by Dr. Esther Kisaakye that he was embarrassed to hear that the Nebbi Municipality MP, Hashim Sulaiman had disowned him. The other justices are Stella Arach Amoko, Justice Faith Mwondha, Paul Mugamba, Ezekiel Muhanguzi, Percy Night Tuhaise and Mike Chibita.
Through Kob Advocates and Solicitors, Hashim Sulaiman, the Nebbi Municipality MP wrote to the Supreme Court on Oct 13th, 2020, saying that he has recently learnt of a cross-appeal filed on his behalf by lawyers of Ntambirweki Kandeebe and company Advocates, a firm he has never given instructions to represent him. “Our client’s interests are ably being represented by the legal team from the Electoral Commission and Attorney General Chambers for, which he is content. He, therefore, doesn’t need to file any cross-appeal in the matter “reads the letter in part.
Adding that “this letter serves to inform you that M/S Ntambirweki Kandeebe and Company Advocates doesn’t have instructions from the sixth cross Appellant and should hold out to represent him in this matter”. The justice sought to establish the truth from Kandeebe because neither the legislator nor lawyers from Kob Advocates and Solicitors who drafted the letter in question were present in court.
Kandeebe told court that he also has no idea on the letter, adding that he had called the chairperson of the affected legislators who also promised to find out but hadn’t got back to him and asked the justices to decide on the matter.
Earlier, on the Justices asked all the parties if they had put in their written submissions on the consolidated appeal, which they confirmed in the affirmative. The judges informed the parties that they will deliver their Judgment on notice.
The Principal State Attorney, Wanyama Kodoli represented the Attorney General, Enock Kugonza represented the Electoral Commission, Wandera Ogalo represented Eddie Kwizera while Kandebe represented the legislators.
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