Age limit case: MPs outline appeal to Supreme Court

KAMPALA. The six Members of Parliament (MPs), who appealed against the Constitutional Court judgment that upheld the removal of the presidential age limit, have outlined their appeal to the Supreme Court.

Through their lawyers Erias Lukwago & Co. Advocates and Rwakafuuzi & Co. Advocates, the MPs have outlined eight issues the determination of which they say the Constitutional Court erred about and which they want the highest court to revisit.

The MPs were led by Kasese Woman MP Winfred Kiiza, who was Leader of Opposition in Parliament when the amendment was pushed through at the close of last year. The others are Gerald Karuhanga, Jonathan Odur, Mubarak Munyagwa, Allan Ssewanyana and Ibrahim Ssemujju Nganda.

The summary submissions that the MPs filed in the Supreme Court this week claim that the first court, in dismissing the petition, failed to interprete the basic structure doctrine. They argue that Parliament had no powers to amend and remove pillars which form the basic structure of the 1995 Constitution, one of which they argue is the need to ensure that leaders don’t overstay in power.

This is the reason, they argue, the framers of the Constitution put age limits for presidents.

Among the other issues the MPs raise is whether the public was consulted before the amendment was made; whether the certificate of financial implications that supported the amendment was properly obtained; and whether the attack on Parliament by members of the Security forces was illegal and rendered the process null and void.

The Supreme Court will hear the appeal on January 15 and 16 next year.