Kampala, Uganda | THE INDEPENDENT | City lawyer Hassan Male Mabirizi has filed an appeal petitioning the decision by the East African Court first instance division which dismissed his petition against the removal of the presidential age limit from Uganda’s constitution.
Mabirizi filed a 34,800-page record of appeal at the East African Court Appellate Division in Kampala sub registry on Monday morning.
According to him, the East African Court of Justice First Instance Division led by the Principle Judge Monica K Mugenyi committed a procedural irregularity when they did not make decisions on matters pleaded and argued by the appellant before them and that court also ruled that the appellant abused the court process without hearing from him on the same and that they failed to acknowledge and analyze the legal worth of several legal authorities relied on by the appellant.
In May last year, Mabirizi petitioned East African Court of Justice to invalidate the Constitutional Amendment Act 2018 which endorsed presidential age limit removal in the Constitution.
His petition followed the Supreme Court led by the then Chief Justice Bart Katureebe pronouncement in which majority justices (4:3) dismissed Mabirizi’s appeal, arguing that minor omissions had no major effect on the process of the entire enactment of the Act.
In September this year, the First Instance Division of the East African Court headed by Justice Monica Mugenyi dismissed the petition and upheld the amendments arguing that the constitution was properly amended.
Mabirizi who wanted the article 102 (b) reinstated said the judges at the First Instance Court Division erred in holding, that they lacked jurisdiction to entertain the appellant’s complaints relating to the legislative process in the parliament of Uganda, the actions of violence in the parliament of Uganda, the pre-assent steps and the assents among others and also challenges the costs that the court asked him to pay.
He now wants the East African Court Appellant Division to order that the Appeal be allowed, the Reference No.6 of 2019 be remitted back to the First Instance Division for expeditious hearing in compliance with fair hearing principles and all procedural safeguards.
He also wants the case to be remitted back to the First Instance Division for determination of matters not earlier determined and that the appellant be granted general damages for inconveniences, the costs of the appeal and in the court below be paid by the respondent to the appellant and an interest of 6% per annum be paid by the respondent on the damages and costs.
Mabirizi also wants the Appellant Court to declare that the Parliament, the President, Judiciary and the security forces acted unlawfully during the constitutional amendment and that contravenes and infringes on Articles 6(d) and 7(2) of the territory for establishment of the East African Community.
He also wants the court to annul the judgement in Uganda Constitutional Petitions of 2017, the judgement in Uganda Supreme Court Constitutional appeal of 2018 and annulling the Uganda Constitutional Amendment Act of 2018 which he said has allowed President Museveni to contest for presidency.
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