Regional Court sets grounds for Mabirizi’s appeal
By Ruth Anderah
The East African Court of Justice (EACJ)- Appellant Division has set four grounds to be determined in the appeal filed by Constitutional and Human Rights Lawyer Hassan Male Mabirizi.
In the appeal, Mabirizi is challenging part of the judgment of the First Instance Division of the regional court against his 2018 lifting of the presidential age limit case.
In a pre-hearing conference presided over by five justices led by Justice Nestor Kayobera, Geoffrey Kiryabwire, Sauda Njasiri, Kathurima M’noti and Justice Anita Mugeni, both parties have agreed on four issues.
The issues to rely on include; whether or not the Court committed irregularities in hearing and determining his case, whether the court erred in law in determining that the processes leading to the enactment of the Constitutional Amendment Act Age Limit 2018, proceedings and decisions of his 2017 Constitutional petition against the government of Uganda through the Attorney General were time-barred.
On September 30th 2020, five Justices of the EACJ first Instance Division, led by Justice Monica Mugenyi, Charles Nyawello and Justice Charles Nyachae dismissed Mabirizi’s case on grounds that they lacked jurisdiction to entertain Mabirizi’s complaints in relation to Uganda’s parliamentary processes.
The justices also questioned Mabirizi’s character and accused him of abusing court processes and further held that Mabirizi’s case was time-barred and that he failed to adduce sufficient evidence to prove his case.
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