The High Court has dismissed with costs a case against government seeking to kick local council leaders out of office.
Justice Stephen Musota ruled that the petitioner Mr John Edward Agaba failed to prove exceptional circumstances before court to warrant the issuing of temporary removal of local council 1 and IIs from office until the conclusion of his petition challenging their current tenure.
The lawyer is challenging the legality of the salaries the government paid to local council I and II chairpersons when the Constitutional Court outlawed them.
“The temporary injunction is issued in circumstances where there is a threat to endanger, destroy or sell the suit property,” Justice Musota ruled adding that the application was irregularly filed because the petitioner sought an injunction before Attorney general had replied to the case.”
The judge said Mr Agaba did not prove that he would suffer irreparable damage if the local council leaders remained in office until the determination of the petition.
Mr Agaba wants court to declare that the payment of financial benefits, gratuities, allowances to local council 1 and II chairpersons amounting to Shs 120,000 per month, is unconstitutional.
Agaba further wants the court to declare that all recommendation letters and documents issued by LC-I and LC-II leaders for purposes of issuing national identity cards are unconstitutional.
SOURCE: Daily Monitor