Court to decide fate of 83 parliamentary seats

The Constitutional Court yesterday started and concluded the hearing of a petition seeking to nullify 83 additional parliamentary constituencies which were created by Parliament and demarcated by the Electoral Commission (EC) on account that they are illegal.
The petitioner, former Bufumbira East MP, Mr Eddie Kwizera, says the 83 constituencies were “illegally” created by Parliament between 2011 and 2019, and should therefore be declared null and void, expunged from government records and the affected MPs be ordered to refund taxpayers’ money.

He accused the EC of abdicating its role of demarcating the constituencies as required by law.
Mr Kwizera is represented by lawyer Wandera Ogalo. He accused Parliament of overstepping its mandate by creating the disputed constituencies instead of only determining the number to be created.
“By mere creation of a municipality, it does not automatically become a constituency because the processes are different. The Local Government can create a municipality but it does not translate into a constituency. I am not aware of the law which turns a municipality into a constituency,” counsel Ogalo argued, citing Articles 61 and 63 of the Constitution.

He told the five-judge panel that the EC did not exercise its powers provided for under the law which rendered the demarcation of the new parliamentary constituencies unlawful.
The panel is led by Deputy Chief Justice Alfonse Owiny-Dollo, assisted by justices Christopher Madrama, Frederick Egonda Ntende, Kenneth Kakuru and Cheborion Barishaki.
“We pray that this court finds fault in the decision of creating the constituencies to save the right of aggrieved citizens because by holding midterm elections alone is against the Constitution,” Mr Ogalo submitted.

In May, Mr Kwizera petitioned the Constitutional Court claiming that the right number of geographical constituencies in the country today must be 214, not 297 which are represented in the 10th Parliament.
“Parliament has never decided how many constituencies Uganda shall be divided into. Instead, it embarked on creating constituencies piecemeal and has ended up with 297 constituencies,” documents in support of the petition state.
The petition was filed by Victoria Advocates and Legal Consultants.
In response, Principal State Attorney Wanyama Kodoli asked court to dismiss the petition for lack of merit and award costs to the government.

He argued that creation of the contested municipalities was done in accordance with Article 179 of the Constitution. However, when asked how the municipalities are linked to the constituencies, Mr Kodoli, without citing a law, argued that a municipality is an equivalent of a constituency.
“The petitioner does not avail evidence that Parliament ever demarcates constituencies and hence failed to discharge his duty of proving his case. This court in determining the matter is guided by principles but will it be in public interest to declare null and void what Parliament has been doing?” he wondered.

Mr Hamidu Lugoloobi, the lawyer representing EC, argued that the constituencies were demarcated by way of gazette but did not have a copy to present to court. “The accusation that EC abdicated its mandate is misconstrued,” said Mr Lugoloobi, adding that upon prescription, the constituencies were gazetted.
Following conclusion of submissions by both parties to the petition, Justice Owiny-Dollo said the court would deliver its judgement on notice. This means the court will inform the litigants when the judgement is ready.

The Parliamentary Elections (Interim Provisions) Act 1996 was repealed by the Parliamentary Elections Act 2001 but the first schedule containing only 214 constituencies was saved until Parliament prescribes new constituencies under Article 63 of the Constitution.

The disputed constituencies

Bughendera County
Ajuri County
Iki-Iki County
Bushenyi Ishaka Muni
Busia Municipality
Bunyole West County
Budiope East County
Hoima Municipality
Iganga Municipality
Dodoth West County
Buyaga West County
Bugangaizi East County
Kasese Municipality
Toroma County
Masindi Municipality
Kasambya County
Mukono Municipality
Nakaseke North County
Budyebo County
Bukoli Island County
Ntungamu Municipality
Agule County
Katerera County
Rukungiri Municipality
Adjumani East County
Agago North County
Orungo County
Kilak North County
Kibale County
Buyamba County
Dakabela County
Mawogola North County
Tororo North County
Kira Municipality
Aringa North County
Aringa South County
Ora County
Tochi County
Aruu North County
Lower Madi County
Terego East County
Lutseshe County
Kachumbala County
Bukomansimbi South County
Elgon County
Dokolo South County
Gomba West County
Ligorobya County
Ik County
Bulamogi North West County
Kamuli Municipality
Kibale East County
Kapchorwa Municipality
Kabweri County
Kashongi County
Kibanda North County
Kisoro Municipality
Chua East County
Kitgum Municipality
Koboko North County
Koboko Municipality
Kole North County
Kanyum COunty
Kumi Municipality
Butemba County
Kyaka South County
Mwenge Central County
Luuka South County
Maracha East County
Kashari South County
Ruhinda North County
Mityana Municipality
Tepeth County
Bukuya County
Mubende Municipality
Bukono County
Bugiri Municipality
Nebbi Municipality
Kotido Municipality
Sheema Municipality
Ibanda Municipality
Apac Municipality

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