Age limit removal was constitutional, says four justices

The five Justices of the Constitutional Court of Uganda made their judgement on Thursday at Mbale High Court.

Deputy Chief Justice, Alphonse Owiny Dollo, Justice Elizabeth Musoke, Justice Remmy Kasule and Justice Cheborion Barishaki all of Constitutional Court have contended that the amendment of article 102[b] from the constitution was constitutional and the exercise never contravened rules of procedure of the parliament.

The petitioners, in their affidavits, averred so.

At Mbale High Court, reading his judgment, Justice Kenneth Kakuru’s judgment attracted excitement from Ugandans after he says the removal of Presidential age limit was unconstitutional and illegal.

While petitioners, Attorney General and his legal team were expecting positive judgment-upholding both term of office of the MPs and President from 5-7 years, at last, five justices say the extension of such term was unconstitutional and done in contravention of the law.

First to make his judgment, Justice Cheborion Barishaki averred that the MPs acted in selfish manner and were only considering their interest.

However, deputy chief justice, Alphonse Owiny Dollo says parliament exercised the power given to them in amending the constitution.

He added that he found no error in how the amendment was done. “Therefore, it is my conclusion that the amendments were done with full compliance with the rules of procedure of parliament,” Owiny Dollo says.

The head of the Constitutional court says the framers of the 1995 Constitution never treated article 102 on the qualifications of the person of the president as a primary aspect of the constitution that required entrenchment.

“Parliament did not have power to amend this section without considering other sections of the constitution. They are unconstitutional and illegal,” he added.

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