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Mr Francis Zaake has also challenged the presentation, debate and adoption of the motion, lack of supporting signatures and also the failure to put the impeachment motion on the Order Paper of the day.

Mityana Municipality MP Francis Zaake yesterday petitioned the Constitutional Court in Kampala seeking its declaration to, among others, overturn his controversial removal from the position of Commissioner of Parliament for allegedly insulting deputy Speaker Anita Among on social media.
In his petition, Mr Zaake details the events that took place prior to his alleged removal on March 10.

“The Parliament passed the impugned resolution without quorum in the House in contravention of Articles 2 (1) and (2), 88 and 94 (1) of the Constitution and Rule 110 (6) of the Parliamentary Rules of Procedure,” the court documents read in part.
He also states how each member of the Parliament’s Committee on Rules, Privileges and Discipline, who participated in his removal, received a kick-back of Shs6m.
“The ex-gratia payment of Shs6m to each member of the committee as a reward for their participation in the committee’s proceedings and subsequent decision prejudicial to the petitioner, imposed an illegal charge on the consolidated fund in contravention of Article 8A, 93 and 79 (3) of the constitution,” Mr Zaake claims.

Last week, a total of 155 MPs voted to remove Mr Zaake from the position after being found guilty of disparaging the Deputy Speaker.
“I am advised by my lawyers of Lukwago & Co Advocates that the number of MPs that voted for my removal from the aforesaid office, was less than that required by law for the removal from office of a commissioner of parliament,” Mr Zaake states.

The motion to censure him was moved by Bardege-Layibi Division MP Martin Ojara Mapenduzi. Mr Mapenduzi accused his colleague of gross misconduct when he allegedly insulted the integrity of the Deputy Speaker.
But in his court documents, Mr Zaake contends that Ms Among contravened the Constitution when she made her personal grievances a subject of a parliamentary committee.
Mr Zaake has filed a separate application before the Constitutional Court to hear it as an emergency.

READ: What if Zaake doesn’t apologise?

“A temporary injunction be issued restraining the respondent (Attorney General), its agents, servants and others acting under its authority from implementing the resolution of Parliament of March 10 removing the petitioner from the office of the Commissioner of Parliament and requiring him to apologise within a week,” the MP states.
By press time, the Attorney General had not yet filed the defence.

Other grounds
Mr Francis Zaake has also challenged the presentation, debate and adoption of the motion, lack of supporting signatures and also the failure to put the impeachment motion on the Order Paper of the day. The MP claims the move by his colleagues to investigate him over allegations that were committed outside the House on social media contravened Article 94 (1) of the Constitution.

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