High Court turns down Mabirizi, People’s Government case against EC Boss

By Rachael Najjuma

21^st Jan 2020

The High Court has turned down the application in which the People’s Government pressure group and city lawyer Male Mabirizi sought for withdrawal of a judge in a matter where the applicants want Justice Simon Byabakama out of the Electoral Commission for failure to resign as a judge of the Court of Appeal.

In his ruling, Justice Musa Sekaana who was transferred to Mbarara effective January 1st 2020 noted that the two parties filed the recusal application to intimidate him just because he had ever served as an external lawyer to the EC and thus he has refused to excuse himself from the case and he will be hearing the case from wherever he was transferred to.

This has disappointed the complainants where Counsel Erias Lukwago the lord mayor said the judge went with the file to Mbarara which in otherwise shows personal interest in the matter and also violates the law beaus its clear if a judge in the trial has ever carried out duties for a given party he should excuse him/herself from the case.

The People’s Government dragged Byabakama to court seeking a permanent injunction restraining him to serve as the Chairperson of Electoral Commission and also declare the position vacant and further challenge the appointment of the Secretary to the Commission Sam Rwakojo and also challenging the December 11 2019 deadline which was initially put up by Electoral Commission for registration of all legible voters.

Lukwago now says he has filed an application seeking for vital documents to be presented to court among others a contractual obligation assigning Byabakama into the position of the EC Chairman as well as Sam Rwakojo.