Quash age limit law, petitioners tell court

Mr Erias Lukwago, another lawyer, said the age limit law be annulled on account that Mr Asuman Mugenyi, the Director of Police Operations, ordered police to disperse rallies organised by Opposition MPs as they went to consult their electorate. He said they were instead violently dispersed.

What you need to know:

  • Appeal. They argued that the law will not allow the country experience a peaceful transfer of power.
  • The Constitution Amendment Bill No.2 of 2017 has since become a law that has among others seen the scrapping of the upper age cap of 75 years and the lower age cap of 35 years for any citizen to contest for the highest office in the land.

Kampala. The hearing of the consolidated presidential age limit petitions yesterday entered its last stages with the petitioners’ lawyers putting up a spirited fight to persuade the five Constitutional Court justices to annul the age limit law.

Lead counsel for the petitioners, Mr Wandera Ogalo, recounted to the justices about the dark political history of Uganda which he said has never experienced a peaceful transfer of power from one president to another since independence in 1962.

“At no time has any President of Uganda handed over office to another President since independence. Instead of orderly succession, we have had violent succession,” Mr Ogalo submitted.

“The price the people of Uganda have paid is too high. Age limit is a safeguard underlying the democratic principle of the orderly succession and peaceful transfer of power. I invite your lordships to apply democratic principle of the orderly succession of government and peaceful transfer of power has been negated by this Act and therefore inconsistent with Article 8A of the Constitution,” he added.

Mr Ogalo also argued that once the Speaker of Parliament, Ms Rebecca Kadaga, invoked the sovereignty of the people as shown in the Hansard, it was mandatory to follow her directive which was never followed.

He also reiterated the importance of people’s participation in the constitution amendment, reasoning that the majority of Ugandans do not trust their MPs with the amendment of the Constitution hence there was need for the citizen participation which was hurriedly and poorly done.

The Constitution Amendment Bill No.2 of 2017 has since become a law that has among others seen the scrapping of the upper age cap of 75 years and the lower age cap of 35 years for any citizen to contest for the highest office in the land.

Mr Erias Lukwago, another lawyer, said the age limit law be annulled on account that Mr Asuman Mugenyi, the Director of Police Operations, ordered police to disperse rallies organised by Opposition MPs as they went to consult their electorate. He said they were instead violently dispersed.

“Kiiza Winfred in her affidavit here, clearly gives evidence of rallies that were broken up in Kasubi, Makindye, Rubaga North and Busiro East. I cannot list all of them. But also individual Members of Parliament were beaten and arrested by the forces and detained,” Mr Lukwago submitted
See Verbatim on pages 28-29 in the newspaper

Submission
Mr Male Mabirizi, a petitioner, in his final submissions, asked the justices to expunge the affidavits of the Chief of Defence Forces, Gen David Muhoozi and Keith Muhakanizi, the Secretary to Treasury, on grounds that the evidence they gave on Tuesday was mainly of hearsay.

Mr Mabirizi said Gen Muhoozi was not at the premises of Parliament on September 27th when the presidential.