Vice President Edward Ssekandi has survived losing his Bukoto Central Parliamentary seat alongside that of the Vice President after the Constitutional Court dismissed a petition that had sought his removal for having used government vehicles and other resources for his personal campaigns in the last elections.
In a unanimous judgment of the court today, the five justices held that there was nothing for the Constitutional Court to interpret that was complained off by Ssekandi’s political rival Mr Jude Mbabaali.
The judges held that Mbabaali should have had his issues addressed by the Masaka High Court in the electoral petition that he filed against the country’s number two but he instead choose to withdraw the petition before its logical conclusion. The judges observed that Mbabaali’s case was an electoral petition but disguised as a constitutional petition and that court could not entertain such conduct of Mbabaali.
Justice Kenneth Kakuru wrote the lead judgment.
The remaining four justices Eldad Mwangusya, Solomy Bossa Balungi, Rubby Aweri Opio and Remmy Kasule concurred with Justice Kakuru’s position.
“I therefore find that this constitutional petition does not raise issues for constitutional interpretation under 137(3), the petitioner (Mbabaaali) ought to have brought his action in another competent court under an appropriate law,” ruled Justice Kakuru
He added: “this court has no jurisdiction to handle this petition as it raises no issues for interpretation at all. This petition therefore fails this petition was not brought in public interest but in the interest of the petitioner. It appears to be frivolous and i accordingly order the petitioner to pay costs of this petition”
Ssekandi who was in court to closely follow this petition in a jolly mood said this was a bogus case right from the very beginning and that he feels sorry for Mbabaali.
The country’s number two also said he will demand for appropriate costs since Mbabaali had wanted President Museveni to dismiss him from the office of the Vice Presidency too.
“This was a bogus case per say from the very beginning and you can’t be a lawyer and you bring such a case to court as you have heard from all the justices of the court there was nothing to interpret instead it should have been taken for reference. I pity him I thank you very much”
But on the contrary, Mr Mbabaali who seemed to be very composed, vowed to appeal the decision of the court before the final Court (Supreme Court) saying he didn’t expect much from the court as the lead judge on the panel Kasule is a brother-in law to Ssekandi.
“We didn’t expect anything much from this court, the chairman of the panel that heard this petition Justice Kasule is a brother in law of Ssekandi and we requested him to disqualify himself from the case but adamantly refused, so he sat in his own case so what we are going to do is to take this matter to the Supreme Court and Ssekandi openly admitted to have used government vehicles for his personal campaigns”.
SOURCE: Daily Monitor