Justice Cheborion Barishaki’s ruling on Age Limit petition

By our reporter

Today five justices of the Constitutional court led by Deputy Chief Justice Alphonse Chigamoy Owiny-Dollo, Remmy Kasule, Kenneth Kakuru, Cheborion Barishaki and Elizabeth Musoke are delivering their ruling on the controversial age limit petition.

The ruling is taking place at the Constitutional Court in Mbale.

Here is Justice Barishaki’s ruling;

I agree with the petitioners that public participation and consultation in the lawmaking process, especially in the amendment of entrenched articles of the constitution, are a fundamental requirement that cannot be waved- Justice Barishaki

The people went to vote knowing the term of office is 5 years, extending without consulting them is breach of social contract, you robbed the people- Justice Barishaki

No evidence was produced by the respondent to show that there has been consultations or participation in respect of sections 2,6,8 and 10 of the constitution- Justice Barishaki

By extending its term to 7 years, parliament denied the people of Uganda access to leadership positions of Member of Parliament in 2021 in controversion of the constitution- Justice Barishaki

I find that Parliament did not have authority to extend its Term- Justice Barishaki

In my view, the events in parliament (the brawl) were life-threatening and constituted an emergency. I do not agree with the contention that the involvement of the army was unjustified – Justice Barishaki

The intervening forces used excessive force in stopping the scuffle in parliament. The treatment of the members of parliament was inhumane and contradicted article 21 of the constitution – Justice Barishaki

In the context of this petition, there is no doubt in my mind that sections 2, 6, 8, 9 and 10 confine a fundamental democratic principle embedded in the directive principles of state policy of our constitution – Justice Barishaki

I am not convinced that parliament can effect the amendments as passed. Amendments should be done in a way that does not offend our constitutions basic structures- Justice Barishaki

I find that the Speaker acted within her mandate to suspend the six members of parliament for their unparliamentary conduct – Justice Barishaki

Presidential age limit amendment was legal and constitutional. There was a bill, there was debate and there was consultation- Justice Barishaki

In his Judgement Justice Barishaki has allowed lifting of presidential age limit but rejected extension of tenure of MPs

A declaration is hereby issued expunging sections 2,5,6,9 and 10 from the Constitution Amendment act. Costs awarded to the petitioners – Justice Barishaki