{UAH} Defiant Lukwago Invites Museveni for Another Brawl

Defiant Lukwago Invites Museveni for Another Brawl

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Category: Politics News

Published on 21 August 2014

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Pointing out the Inconsistencies, Constitution Flaws, Political games in the Supreme Court Ruling Blocking Erias Lukwago from Office

By Stephen K Muwambi

 Erias Lukwago

The fact that embattled Lord Mayor has been blocked from returning to his office again is all over the place. Accordingly, The Investigator would not bore you with that fact, what in our view, is now  a stale story.

Instead, we shall pin point out what the salient inconsistencies, legal flaws and a suspected invisible hand behind this ruling.  We shall also analyse in these pages why Museveni and Lukwago's beef is beyond any kind of arbitration (read peace talks).

Learned and forgot nothing

First things, today's ruling hinted on the continued bad blood between Lukwago and President Yoweri Museveni.

Talking to journalists, the controversial politician indicated he is still in the trenches and ready to go all out to win this political war with President Museveni!  Whether Lukwago is only sparring, with the First Citizen is doubtable; he should keep in mind that Kaguta loves Kampala with a passion and should brace himself for a battle of Goliath's proportions.

"I am in this for the long haul with the intention of defending Kampalans' sovereignty. Museveni cannot and will not break my spirit and guts. I wil never bow to him," Lukwago, who had now turned emotional, declared on the sidelines of the Kololo basedSupreme Court.

President 'wrote' ruling

Though he did not say it directly, from his speech, a quick mind would detect Lukwago's insitinuation that, "The President guided the Justices on how to write the ruling."

He based his claims on what he called the Justices' reluctance to deliver the ruling in time. "They have taken five months to read this simple ruling. We understand that there was a previous genuine ruling, which someone blocked and here we are," the exceedingly argumentative lawyer and politician, who on many occasions, is in no mood to concede ground, claimed.

Stubborn strait

In fact, his critics and majority in his DP mother party, blame that trait for the political woes Lukwago is facing.

" I will never bow to Museveni. I can bow to the justices and I have taken the judgment graciously though it's riddled with obvious irregularities. Come closer so I look directly into the cameras and categorically say it again and again," Lukwago fumed, working up supporters, who in that agitated state, suggested "he opens war" on Museveni.

Lukwago's comments clearly show that he will never take Museveni's 'fatherly advice. Museveni pledged to work with Lukwago, if he stopped his belligerent behavior.

The President was officiating over the multi-million Wandegeya market when he extended an olive hand to Lukwago which the latter immediately frowned upon.

Even in defeat, Lukwago continues with his belligerent trait. The billion dollar question therefore is, can the Lord Mayor sustain a political war with General Museveni?

Dissecting the ruling

The constitutional court singled out an article stating that one Justice of the Court of Appeal, cannot sit in applications seeking injunctions and interim orders against High Court ruling, but the Justices who should know the Judicature Act better, would give the Justice of COA the option of sitting alone and doing what Justice Steven Kavuma did.

We opine that the constitution overrides other laws, including the Judicature Act. So, was the Constitution article abolished by any Court of Law in Uganda and when did the Judicature take precedence?

On this, the Justices wished away the anomaly when they appeared to hide in, "Judicial Activism" as the reason "Justice Kavuma arguably ignored the law."

Constitutional lapses?

Somewhere in the pages of their ruling, the Justices held that Steven Kavuma had acted contrary to the constitution yet he heads the constitutional court and is acting Chief Justice.

However, we can hold that when any law clashes with the constitution, it's the latter which is upheld. There are so many authorities and rulings that even the Supreme Court and the Constitutional Court have alluded to this fact.

Why Lukwago's was an exceptional ruling, your guess is as good as mine. Lukwago did not lose all, as it often times happens in controversial cases, the Justice ruled that he can take his case to the Court of Appeal.

Justices skipped the court-room

Though, Court Registrars normally deliver verdicts on behalf of Justices, there was talk from some quarters that the Justices kept away to 'avoid the embarrassment of having usurped the Mighty Law of the Land.'

 Lukwago however has chance to overhaul the ruling barring him from City Hall because the Supreme ruled that he returns to the Court Appeal for justice.

There are fears though that by the time Court gives its verdict his current City Hall term would have ended, thereby receiving an academic ruling with no practical value.

Edited by Almeidah Karemani

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Gwokto La'Kitgum

"Even a small dog can piss on a tall Building", Jim Hightower

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