[UAH] Museveni wanted in court by expelled MPs
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12:43 PM |
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Lawyers of expelled NRM MPs say they would like President Museveni, who is also chairman of the ruling party and chief petitioner in a case seeking to oust their clients from Parliament, to appear in the Constitutional Court as a witness.
"The team wants him to appear and substantiate the allegations made in the petition and also clarify on some issues that led to the expulsion of the lawmakers," a source familiar with the case has told us.
The MPs, Wilfred Niwagaba (Ndorwa East), Theodore Ssekikubo (Lwemiyaga), Muhammed Nsereko (Kampala Central) and Barnabas Tinkasiimire (Buyaga West) were expelled from NRM for breaching the party's code of conduct, but the ruling party failed to get the Speaker, Rebecca Kadaga, to expel them from Parliament altogether.
This has forced NRM to challenge their continued stay in Parliament in the Constitutional Court. When contacted this week, Busiro East MP, Medard Sseggona, who is part of the expelled MPs' legal team, confirmed that they want the president to appear in court as a witness, given that he swore a supporting affidavit.
"It is against the rules governing court proceedings to give a comment on the matter before court but I can confirm that we are going to ask for his appearance," he said.
On his part, the lead counsel for the respondents, Prof George Wilson Kanyeihamba, added: "It is unavoidable for him not to appear because he is a principal witness in the matter and it is fortunate that he voluntarily decided to become one. So we wait to see him answer summons if the Constitutional Court starts to substantively consider the petition."
In response, John Mary Mugisha, who leads the team of lawyers representing NRM, told The Observer that it was premature to say for certain whether the president would appear in court.
"We cannot debate that now but let's wait and see whether his appearance will be required," Mugisha said.
Constitutional dilemma
The president of Uganda can't be sued, according to the constitution, and Museveni has never been physically present in a courtroom since the new constitution was promulgated in 1995. However, in a case brought by former Vice President Gilbert Bukenya against the state in 2011, the Constitutional Court ruled that the president is not immune from criminal proceedings but these are suspended until after he or she has left office.
Last month, the NRM filed a petition in the Constitutional Court challenging the continued stay of the four expelled MPs in the House, having been elected as NRM representatives in 2011. Museveni, the NRM chairman, is part of this petition. NRM contends, in its petition, that there is no room for what it calls "unattached" Members of Parliament in the Constitution. The petition cites Article 83(g) of the constitution, which says that an MP who leaves the original party through which they joined Parliament vacates their seat.
Accompanying the petition are two affidavits, one sworn by President Museveni in his capacity as NRM chairman and another by Prime Minister Amama Mbabazi in his capacity as secretary general.
Museveni petition
In his affidavit, Museveni says the NRM has been denied representation by the continued stay of the MPs in Parliament.
"That as a party, I know that we were thereby deprived of our parliamentary seats and those four constituencies are not currently represented, yet the electorate preferred the petitioner's hitherto flag bearers to represent them," Museveni states.
"That I know that by being expelled from the party, the petitioner, for which they had stood as candidates for election to Parliament, and which party had sponsored their nomination, candidature and election, the respondents, ipso facto vacated their seats in Parliament," the president's affidavit continues.
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