Mr Caleb Alaka (L), one of the lawyers representing the MPs, asked the court to order for a stay of the implementation of the Constitutional Court order. The ruling granting the permission was granted by Justice Bart Katureebe (R).
By EPHRAIM KASOZI & JULIET KIGONGO
IN SUMMARY
Court orders for the temporary stay of the orders of the Constitutional Court ruling until when the judges pronounce themselves on the MPs’ application for stay of the execution.
Kampala
The Supreme Court yesterday halted the implementation of an order blocking four MPs expelled from the ruling National Resistance Movement (NRM) from accessing Parliament.
In the 6-1 majority decision delivered by Justice Bart Katureebe, the court ordered for the temporary stay of the orders of the September 6 ruling of the Constitutional Court until next Wednesday, September 18, when the judges will pronounce themselves on the MPs’ application for stay of the execution.
The ruling
“We order by 6-1 that the orders of the Constitutional Court in the ruling of September 6, 2013 be stayed in interim,” said Justice Katureebe. The five other justices, including Benjamin Odoki, Christine Kitumba, John Tsekooko and Galdino Okello sided with Justice Katureebe.
However, Justice Esther Kisaakye dissented to the ruling, arguing that she would decline to grant the interim.
The Supreme Court ruling staying the execution of last week’s orders against MPs; Theodore Ssekikubo (Lwemiyaga), Wilfred Niwagaba (Ndorwa East), Muhammed Nsereko (Kampala Central) and Barnabas Tinkasiimire (Buyaga) is the first positive ruling since the start of the trial of the petitions challenging the ruling by the Speaker of Parliament that the four cannot vacate their seats in Parliament upon expulsion from their party.
The court decision followed pleadings by Mr Caleb Alaka, one of the lawyers representing the MPs, in which he asked the court to order for a stay of the implementation of the Constitutional Court order until their application is heard and determined. “In our humble request, we submit that if court is inclined to grant an adjournment as sought by our learned colleagues, it will be in interest of justice that the status quo be maintained as shown in the letter by the Speaker Kadaga that the MPs are not yet restrained from Parliament,” argued Mr Alaka.
He was responding to submissions by Mr John Mary Mugisha, a lead lawyer representing NRM and two of its supporters, seeking for adjournment to enable them consult their clients and respond to supplementary documents filed by the MPs.
Mr Cheborion Barishaki - representing the Attorney General (AG) - also asked court to extend the hearing to enable him consult on how to proceed. Last week, the Constitutional Court issued a temporary injunction against four MPs to stop them from accessing Parliament.
Earlier ruling quashed
The court ordered that the legislators who were expelled from the NRM party be denied access to the August House until the pending judgment of the main petition seeking their removal from Parliament is delivered. Justice Kavuma set October 15 for court to deliver its final judgment. However, the MPs filed a notice of appeal and have since asked the country’s highest appellate court to stay the orders pending an intended appeal.
In the application filed on Friday, the MPs are also seeking to reverse the order and to block the Constitutional Court from making final judgment on the petitions in which NRM and two of its supporters are challenging Ms Kadaga’s ruling that the legislators retain their seats.
The NRM argues that once an MP is dismissed from their political party, they remain anonymous and there is no position for anonymous MPs.
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