The Attorney General Kiryowa Kiwanuka’s Supreme Court appeal against controversial Mityana Municipality legislator Francis Butebi Zaake flopped after Justice Steven Musota bowed out.
Earlier, Justice Professor Lilian Tibatemwa Ekirikubinza the head of the panel of the Supreme Court Justices who were supposed to preside over the Constitutional appeal resolved with Zaake’s lawyers who were led by Kampala Lord Mayor Ssalongo Erias Lukwago and the Assistant Commissioner legal in the Attorney General’s chambers Richard Adrole to proceed with the hearing of the matter.
Justice Musota and Justice Christopher Madrama were on the panel of the justices who presided over the matter at the Constitutional Court but they did not conclude it because they were promoted to the Supreme Court by President Museveni.
The matter was adjourned for a few minutes but lawyers were shocked when other justices who included Justice Ekirikubinza, Justice Percy Night Tuhaise, Justice Mike Chibita, Justice Kibedi Watangula, Justice Madrama returned and informed court that they cannot proceed because the panel is not fully constituted.
More Read
They explained that they are supposed to be seven justices not six as they are.
They disclosed that Justice Musota recused himself from the matter because he was on the panel which heard the same matter in the Constitutional Court.
The justices promised that the matter might proceed tomorrow if the penal is constituted.
However, this website has established that the only judge who can constitute a panel to hear Zaake’s case is the Chief Justice Owiny Dollo who is also busy doing other official duties.
“The problem with this matter is that the Supreme Court constitutional matters are ending tomorrow (Thursday) so they cannot get another justice to replace Justice Musota. It will be heard in the next convenient session,” a senior judicial officer said.
The Attorney General rushed to the Supreme Court after losing in the Constitutional Court as five Justices declared that Zaake was wrongly impeached from the office of the commissioner of parliament based on the illegal guidance from the Attorney General Kiwanuka.
Zaake was impeached on the allegation of using abusive language against the person of the speaker of parliament Annet Anita Among on social media a decision he challenged in the Constitutional Court and won.
