Constitutional Court blocks expelled NRM legislators from Parliament

The Constitutional Court on Friday ruled that the four expelled NRM MPs be temporarily stopped from accessing Parliament or participate in the business of the House pending determination of the main petition filed by their party. Justice Remmy Kasule (left), meanwhile, said suspending the MPs from Parliament is not proper. Photo by Abubaker Lubowa.

The Constitutional Court Friday ruled that the four expelled members of Parliament from the National Resistance Movement be temporarily stopped from accessing Parliament or participate in the business of the House pending determination of the main petition filed by their party.

This means that the MPs temporarily stay out of Parliament until the Constitutional Court makes a final ruling regarding their fate.

In a preliminary ruling, Justices Steven Kavuma, Richard Buteera, Augustine Nshimye and Faith Mwondha ruled to block the legislators from participating in parliamentary business, while Justice Remmy Kasule said the action was not proper.

The four judges ruled that it was wrong for Speaker of Parliament Rebecca Kadaga to maintain them in Parliament when the NRM party that sponsored them to the House had expelled them.

Court ordered Ms Kadaga to deny the MPs seats in Parliament.

The MPs are Theodore Ssekikubo (Lwemiyaga), Wilfred Niwagaba (Ndorwa East), Mohammed Nsereko (Kampala Central) and Barnabas Tinkasimire (Buyaga).

Through their lawyers, NRM and two party members; Rtd Lt. Saleh Kamba (MP Kibuku) and Cadre Marym Agasha argued that the continued stay of the MPs in Parliament upon dismissal from the party contravenes the Constitution when it created aliens.

Court Thursday issued a notice to deliver its judgment, hardly a week to the hearing of applications seeking to temporarily halt the Constitutional Court from handling the case until an appeal is determined before the Supreme Court.

The Supreme Court had set Monday for hearing of the applications in which the MPs are challenging the dismissal of a preliminary objection.

According to the objection, the petitions, whose fate is yet to be determined disclosed no cause of action.

Through their lawyers, NRM and two the members; Rtd Lt. Saleh Kamba (MP Kibuku) and Cadre Marym Agasha argued that the continued stay of the MPs in Parliament upon dismissal from the party contravenes the Constitution when it created aliens.