Kampala-The Supreme Court will tomorrow hear the application which seeks to stay the Deputy Chief Justice Stephen Kavuma’s directive that stopped Erias Lukwago from resuming his office last week.
On March 28, High Court judge Lydia Mugambe reinstated Mr Lukwago as Kampala Lord Mayor until his main appeal 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 Attorney General secured a superior order from the Acting Chief Justice Kavuma, overruling the earlier High Court decision.
Mr Lukwago applied to the Supreme Court to temporarily stay the enforcement of Justice Kavuma’s orders. If the Supreme Court upholds Mr Lukwago’s application, it means he will be able to resume his office until his appeal against Justice Kavuma’s decision is heard and concluded by the same court.
Justice Bart Katureebe, the acting head of the Supreme Court, will lead the panel of five justices to hear Mr Lukwago’s application at 10am.
Mr Lukwago and his lawyers have been camping at the Supreme Court premises daily since last week, trying to secure a hearing date for their application.
Mr Lukwago also 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, Mr 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-election until Mr Lukwago’s main appeal against the impeachment was heard and disposed of by court.
AppealIn their application in the Supreme Court, Mr Lukwago’s lawyers pray that “a mandatory injunction allows the applicant (Mr Lukwago) to perform the functions of the Lord Mayor Kampala Capital City Authority pending the determination of the intended appeal be issued”. The lawyers say if the temporary reliefs they are seeking are not granted, Mr Lukwago will suffer irreparable loss.
SOURCE: Daily Monitor