The East African Court of Justice 1st stance Division has dismissed a reference that was seeking the declaration by the Court, that the rules of procedure of the election of members of EALA (East African Legislative Assembly) that was adopted by the Parliament of the Republic of Uganda are contrary to the Treaty for the Establishment of the East African Community, Article 50 (1) of the EAC Treaty. The case was dismissed on 25th November, 2013.
The court in its view said that the impugned rules for the election of Members of EALA were passed following the East Africa Court of Justice (EACJ) order in the Mukasa Mbidde of DP case conformed to the Article 50 (1) of the Treaty.
However the court added that it was satisfied that the Rules were made by following a proper interpretation of the same Article 50 as laid in the Prof. Anyang’ Nyongo case and the Jacob Oulanyah case.
The EACJ Court further ruled that the meaning and import of Article 50 (1) does not require that all six (6) political parties in the Parliament of Uganda to be represented in EALA.
The Court also ruled and declared that it was not a dispute that following a lengthy debate, that the Parliament of Uganda on May 18, 2012 passed the Rules of Procedure for the EALA election….that the process and procedure of nomination, campaigns and subsequent election guaranteed the participation of any interested person and the East African Court seen no evidence that to the contrary.
The Court said that it has the jurisdiction relating to election of the EALA members only where it requires interpretation of the Treaty.
The matter which was filed by Hon. Abdu Katuntu (FDC) shadow Attorney General for the opposition in the Parliament of the Republic of Uganda versus the government of Uganda and the Secretary General of the East African Community (EAC) was therefore dismissed, and Court ordered every party to bear its costs. Katuntu was not present in the court together with former Forum for Democratic Change’s (FDC) party president Col. Kizza Besigye.
Present in court were Hon. Wilbert Kaahwa, representing the Secretary General of the East African Community (2nd respondent), The Attorney General of Uganda (1st Respondent) represented by Robina Gureme Rwakoojo Commission, Civil Litigation Ministry of Justice and Constitutional Affairs and others, the Counsel for the Intervener Hon. Margareth Nantongo Zziwa, Speaker of the East African Legislative Assembly and other 8 EALA Members from Uganda, represented by lawyer Justin Semuyaba. The ruling was made by Hon. Justices, Jean Bosco Butasi, Principal Judge, Lady Justice, Stella Arach Amoko, Deputy Principal Judge, John Mkwawa, Isaac Lenaola and Dr. Faustin Ntezilyayo all of the First Instance Division.
Ends