KAMPALA. The Supreme Court has dismissed a preliminary objection raised by the Attorney General (AG) that was intended to strike out an application filed by troubled Kampala Lord Mayor Erias lukwago in which he is seeking to overturn the orders of Justice Steven Kavuma that among others ordered him out of office moments after he had resumed the same recently.
The AG through his representative Martin Mwambutysa had on Friday morning asked a panel of five Supreme Court justices to strike out Mr Lukwago’s application for interim orders on grounds that he had filed the same before a wrong court.
The AG argued that Mr Lukwago should have sought redress from a panel of three justices of the Court of Appeal if he was dissatisfied with the orders of a single judge (Kavuma) that among others ordered him out of office moments after he had resume the same.
The five justices of the Supreme Court led by Dr Esther Mayambala, unanimously overruled the preliminary objection raised by the AG on grounds that it lacked merit.
The court said it will give its reasons later before fixing April 24 to hear Lukwago’s grievances.Other justices included Benjamin Odoki, Gildino Okello, John Wilson Tsekooko and Christine Kitumba.
Further, the court ordered that the status-quo be maintained till then. This means that Mr Lukwago will continue being out of his office until other orders are made by court.
Mr Lukwago in his interim injunction is seeking to reverse recent orders by Justice Kavuma of the Court of Appeal who among others ordered him out City Hall a few hours after he had resumed duty.
On March 28, High Court judge Lydia Mugambe reinstated Mr Lukwago as Kampala Lord Mayor until his main suit against his purported impeachment is heard and concluded by court.
Mr Lukwago on March 31 resumed work but his return was short-lived as he was bundled out hardly three hours in office after the AG secured a superior order from the Acting Chief Justice Kavuma, overruling the earlier High Court decision. Mr Lukwago wants the Supreme Court to stop the Electoral Commission (EC) from going ahead to organise the mayoral by-elections pending the determination of his appeal.
The EC had set April 17 to fill the position of the Lord Mayor though the Attorney General Peter Nyombi called off the poll, saying the Deputy Chief Justice’s ruling did not lift the injunction by the High Court which halted the by-elections until Lukwago’s main appeal against the impeachment was heard and disposed of by court.
SOURCE: Daily Monitor