A panel of three Justices quashed all orders that were issued by the Constitutional Court since its commencement in 1995 saying the orders are null and void “because they were issued in contravention of the provisions of the Constitution.”
The three Justices; Kenneth Kakuru, Frederick Egonda Ntende and Elizabeth Musoke in a unanimous landmark judgment nullified all the interim orders of the court that are still being enforced.
According to the judges, said all the interim orders issued were null and void because they contravene Article 137 (2) of the Constitution which states that applications for interim orders must be heard by the full coram (panel) of five justices of the court, not a single judge or three judges as it has been the practice.
Some of the most controversial interim orders have been recently issued by Deputy Chief Justice Steven Kavuma while sitting alone.
“All interim orders issued by a single justice of the Constitutional Court which are still in force are null and void and of no effect,” the judges ruled yesterday.
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The annulment follows a constitutional application filed by six individuals in January.
The individuals include Murisho Shafi, Godfrey Kironde, Abedi Sowale, Sam Male, Edward Nnume and Moses Kalisa Kalangwa who were seeking interim orders to stop the Inspector General of Government and Attorney General from further investigations into a criminal case against them in the Anti-Corruption Court until their constitutional application had been disposed of.
Some of the controversial orders issued by Kavuma
The court decision means that the controversial interim orders recently issued by the deputy Chief Justice Steven Kavuma, including;
- Stopping criminal prosecution of the Inspector General of Police Gen Kale Kayihura.
- The ‘stupid’ order stopping Parliament or anyone from discussing or inquiring into the oil cash bonuses shared by 42 government officials.
- Orders banning the opposition FDC party’s defiance activities including nationwide prayers.
