Uganda’s Chief Justice Bart Katureebe has quashed the consolidated Age Limit Appeal in Supreme Court ruling that saw three judges rule in favour of the Appeal.
The landmark ruling paves the way for President Yoweri Museveni to contest the 2021 presidential elections.
Justice Bart Katureebe was on Thursday leading a Supreme Court panel comprising of justices Stella Arach Amoko, Eldad Mwangusya, Lillian Tibatemwa, Jotham Tumwesigye, Rubby Opio Aweri and Paul Mugamba to deliver judgment.
Katureebe, who said he was sick, delivered the final verdict through
Mwangusya making it four justices against the appeal.
The court delivered judgment on eight key issues including among others. Whether the learned Justices of the Constitutional Court misdirected themselves on the application of the basic structure doctrine.
Whether majority of the learned justices of the Constitutional Court erred in law and in fact in holding that the entire process of conceptualizing, debating and enactment of Constitution (Amendment) Act 2018 didn’t in any respect contravene nor was it inconsistent with the 1995 Constitution of the Republic of Uganda and The Rules of Procedure of Parliament
Whether the learned Justices of the Constitutional Court erred in law and fact when they held that the violence/scuffle inside and outside Parliament during the enactment of the Constitution (Amendment) Act 2018 did not in any respect contravene the previous said laws.
Whether the learned Justices of the Constitutional Court erred in law when they applied the substantiality test in determining the petition.
Whether the learned Justices of the Constitutional Court directed themselves when they held that the Constitution (Amendment) Act2018 on the removal of the age limit for the President and Local Council Five offices was not inconsistent with the provisions of the 1995 Constitution.
Whether the Constitutional Court erred in law and fact in holding that the president elected in 2016 is not liable to vacate office on attaining the age of 75 years.
The court also expected to address the available remedies to the parties.
