High Court Justice Margret Oguli -Oumo has insisted that embattled Lubaga South MP Paul Kato Lubwama has no right to appeal against a court decision that allowed his voter to file an election petition challenging his academic qualifications.
Ms Oguli -Oumo emphasized that the law blocks aggrieved litigants from filing appeals against interim applications arising out of election matters.
This was after the legislator through his lawyers led by Asuman Basalirwa informed presiding Judge that the law governing Parliamentary elections is good law, because it confirms the principal of separation of powers; therefore, enlarging time with no enabling provision permitting court to do so, would be prejudicial.
“You can only appeal against the final orders that the High court will make after the final hearing and determination of the election petition and thus this application is dismissed,” Justice Oguli ruled adding “My orders still stay”.
The judge also ordered the legislator to pay costs of this application that sought for an appeal against its decision to Habib Buwembo saying he (Lubwama) acted in bad faith and intended to delay the course of justice.
Last year the same court ruled that Buwembo had proved to court why he delayed to file an election petition against the legislator and ordered him to file the same within 30 days which he has since done.
However Kato Lubwama’s lawyers Basalirwa has vowed to take the fight to the superior court of Appeal and if necessary to the Supreme court seeking a second opinion if the High court has a right to extend the time with in which an MP’s election can be challenged.
Last year Buwembo in the support of other 500 voters from Lubaga South filed an election petition asking court to kick the legislator out of the Parliament on grounds that he doesn’t have a UCE certificate which would be a basis for him to attain higher qualifications of learning.
The High court deputy registrar Alex Ajiji has since given Kato Lubwama ten days within which to file his response in court.
