IN the High cout of Mukono (Civil division) is a one Abey Ngugu who through Misc. cause application no. 63 of 2020 is seeking this court to declare a state of emergency in the country owing to the threat of deadly Coronavirus and postpon 2021 elections to 2026!
Electoral commission has already kicked off preparations and Presidential and Parliamentary candidates are set for October.
Kyaddondo East MP Hon. Robert Ssentamu Kyagulanyi and over 20 other people have already shown interest in contesting for President.
Now, Ngugu want everything put on hold until 2026!
Relying on Article 50, 23 (d)and 45 of the Constitution of Uganda, S. 33, 38 of the Judicature Act, and Section 98 CPA order 52 Rule (1), (2), & (3) of the Civil procedure Rule S.1 No. 71-1, Rule 2 of the new rules S1 55/2008of the Rules committee, the applicant want court to suspend/cancel/postpones and or holds all elections in Uganda for five years.
This is until the 2nd respondent (Attorney General) gains control of threatening disaster or danger of Coronavirus.
However, a section of members with legal brains calls this application bogus and that, it should be trashed by court.
According to the copy of Notice of motion, the applicant will be heard on an application for orders and declarations that, court directs the 1st Respondent (Electoral Commission) to halt all General elections of 2021 across the country until 2026.
“Take notice that this application is supported by the grounds set out in the affidavit of Abey Ngugu the applicant herein.” Reads the Notice of motion.
Ngugu says that Uganda is a democratic country where Ugandans have liberty through elections to choose leaders of their choice and that he is a spirited Ugandan who verily believes in exercise of democratic rights, freely.
“There is a need for the 2nd respondent to closely monitor and gain control the threat of Coronavirus in Uganda before the campaign schedule for the 2021 General elections in Uganda.”Reads his affidavit.
APPLICATION IS BOGUS – ANALYST
Referring to this application as bogus, analyst said, “Paragraph (a) of the petition asks Court to declare a state of health emergency…first of all, declaration of emergencies in all or part of Uganda is a Constitutional Prerogative conferred on the President, and such emergency shall be declared in consultation with Cabinet.” Says one Ibrahim adding, “The other issues are so bogus, they don’t even merit scrutiny. The petition is Dead On arrival..”