Supreme court upholds decision on midterm elections

By Ruth Anderah

The Supreme Court has upheld the decision of the Constitutional Court banning midterm elections on grounds that it is illegal.

In a majority judgement of 5:2 justices said the creation of new constituencies does not necessarily result into creation of vacancies in Parliament.

The Justices explained that article 83 of the Constitution is very clear on the circumstances under which a seat can fall vacant.

Supreme Court’s decision stems from consolidated appeals filed by the Electoral Commission and the Attorney General from six members of Parliament who were then elected to represent people in newly created constituencies in elections held in 2018.

The MPs were Patrick Ocan, the Apac Municipality Member of Parliament, Elioda Tumwesigye who was then representing Sheema Municipality, Tarsis Rwaburindore Bishanga for Ibanda Municipality, Hashim Sulaiman for Nebbi Municipality, Asuman Basalirwa for Bugiri Municipality, and Peter Abrahams Lokii for Kotido Municipality.

After the creation of the municipalities, the Bufumbiro East MP Eddie Kwizera petitioned the Constitutional Court challenging the legality of the process leading to their creation.

In their judgment, the Constitutional Court Justices agreed with Kwizera and threw out the MPs arguing that their constituencies were created after the 2016 general elections.

However, the Electoral Commission and the Attorney General appealed against the ruling in the Supreme Court which has now dismissed their appeal with costs.

Written by Noelyn Nassuuna