THE REPUBLIC OF UGANDA IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA CORAM: HON. LADY JUSTICE L.E.M. MUKASA-KIKONYOGO, SCJ HON. LADY JUSTICE A.E.N. MPAGI-BAHIGEINE, JA HON. MR. JUSTICE A. TWINOMUJUNI, JA HON. LADY JUSTICE C.N.B. KITUMBA, JA HON. MR. JUSTICE S.B.K. KAVUMA, JA 10 CONSTITUTIONAL PETITION NO. 6 OF 2005 BRIGADIER HENRY TUMUKUNDE :::::::::::::::::::::::::PETITIONER VERSUS 1. ATTORNEY GENERAL 2. THE ELECTORAL COMMISSION :::::::::::::::RESPONDENTS 20 JOINT JUDGEMENT OF: 1. HON. L.E.M. MUKASA-KIKONYOGO, DCJ 2. HON. C.N.B. KITUMBA, JA This petition is filed by Brigadier Henry Tumukunde, hereinafter to be referred to as the petitioner. It is brought under articles 137, 20, 21, 29, 80, 83 and 84 of the Constitution and Legal Notice No. 4 of 1996 . The grounds of the petition are contained in the petition itself and in the affidavit in support thereof deponed to by the petitioner on 7/06/05. The petitioner alleges as follows:- 30 40 “1. That your petitioner is an adult male citizen of Uganda of sound mind being aggrieved by actions infringing my rights under the Constitution and also having interest in the defence of the Constitution and affected by the following matters being inconsistent with the Constitution of the Republic of Uganda, 1995, whereby your petitioner is also aggrieved. 2. That the act of the Commander-in-Chief and some senior officers of the UPDF directing your petitioner to resign from his position as Army Representative in Parliament of Uganda is inconsistent with and contravenes articles 80, 83(1) and 84 of the Constitution.
3. That the act of the Speaker of Parliament in accepting and declaring your petitioner’s seat in Parliament vacant on the basis of a letter implementing a directive to resign is inconsistent and contravenes articles 80, 8391) and 84 of the Constitution when the petitioner has not done any act in conflict with article 80 of the Constitution. 4. That the act of Uganda Peoples Defence Forces of restraining your petitioner as a member of Parliament from expressing himself on all political matters irrespective of the Constituency that your petitioner represents while exempting others from the same restriction is contrary to Articles 20, 21 and 29 of the Constitution. 10 20 30 40 5. The Electoral Commission is in the process of declaring the petitioner’s seat vacant and is about to commence the electoral process to replace the petitioner as a member of Parliament contrary to article 83(1) and 84 of the Constitution whereas the petitioner is still willing and able to serve as a member of Parliament. 6. That this petition is accompanied by the affidavit deponed by your petitioner.” (sic) The petitioner is praying this court for the following reliefs:- “(a) A declaration that the act of the Commander-in-Chief and Army Command in directing our petitioner to resign his position as Army representative in Parliament of Uganda is inconsistent with and contravenes articles 80, 83 and 84 of the Constitution.
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