Age limit Appeal: Lawyer Mabirizi accuses Constitutional Court of ‘overthrow’ of democratic governance

By George Mangula

Lawyer Male Mabirizi has faulted the Constitutional Court that sat in Mbale, arguing before the justices of the Supreme Court on Tuesday that it promoted the overthrow of democratic governance when it stayed the scrapping of the age limit article from the constitution.

Delivering his submission during, Mabirizi argued that it was wrong for court to rule that it is legitimate for a president to rule the country even after attaining 75 years of age.

“The framers of the 1995 constitution didn’t not want an old president to lead the county and insisted that if one reaches 75 years of age, they leave office. It was therefore wrong for the court to rule otherwise,” Mabirizi told court.

He said that the judges of the Constitutional Court that sat in Mbale ought to have put into consideration the political turmoil that Uganda was plunged into due to violation of the constitution before deciding the age limit petition last year.

He said that before the 1995 constitution, Uganda had had three constitutions and all were violated leading to chaos and anarchy, adding that framers of the latest constitution

Mabirizi also faulted the constitutional court for turning a blind eye to the acts of violence against members of Parliament by the UPDF when it invaded parliament at the height of the age limit debate.

The lawyer faulted the army for invading parliament despite being called by police to assist them in policing duties.

The lawyer said the constitutional court that sat in Mbale was biased towards him and other petitioners when it refused him to do rejoinders to his submissions and failure to summon the speaker of parliament to explain her role in the age limit fracas.

He equated the entire process in Mbale to a football match in which the judges were referees who were hell bent on seeing one side takes the day and did everything possible to fulfill their mission.

He asked the Supreme Court to overturn the decision of the Constitutional court so as to save the country from any future problems.

Hearing of the appeal is still ongoing as Erias Lukwago on the side of Mabirizi continues to give his submission. Government days ago through the Attorney General gave a written submission to the justices to dismiss Mabirizi’s petition with costs.

Three parties including the Uganda Law Society, lawyer Male Mabirizi and 11 MPs led by Winnie Kiiza are challenging the judgment by the Constitutional Court that supported the removal of presidential age limit from the Constitution.

A bench of seven judges including the Chief Justice Bart Katureebe, Paul Mugamba,Stella Amoko Arach, Ruby Apio Aweri, Jotham Tumwesigye, Eldad Mwanguhya and Lillian Tibatemwa Ekirikubinza are to hear the petition for two days before delivering a judgment on the matter.