Academicians restricted to interpretation of the laws and proposal on good election practices.
Uganda’s Supreme Court on Monday allowed Makerere University’s law lecturers to be enjoined in ongoing election petition against President Yoweri Museveni, the Electoral Commission, the Attorney-General filed by Amama Mbabazi.
The role of the academicians, who last week applied to be part of the case as friends of the court (amicus curiae), has been restricted to interpretation of the laws and proposal on good election practices.
Under amicus curiae, the nine dons are expected not lean towards any party in the case, but rather provide useful evidence to help the court arrive at just and logical decision.
“We are satisfied that the applicants raise relevant points of law and will benefit court in the hearing,” said Lady Justice Lillian Tibatemwa.
The court, however, rejected a similar application by a consortium of civil society organisations (CSOs) on the grounds that it did not meet the criteria.
The panel of nine justices found that the CSOs were experts in the fields of human-rights, but having authored three reports during and after elections, the bench said this could prejudice them.
“The petitioner is free to rely on the reports and that will give the respondents the opportunity to respond to the reports.
“We are not convinced that the applicants have met the criteria for amicus curiae,” said Justice Stella Arach Amoko.
Objections overruled
Court also overruled the objections raised by the EC, Attorney General and President Museveni that the applicants seeking to be enjoined in the case were biased.
“Our decision is likely to affect many Ugandans who participated and those who did not participate.
“The court concluded that public interest outweighs concerns raised by the respondents,” said Justice Tibatemwa.