Rubaga South MP, Paul Kato Lubwama tells the High court that it has no powers to extend time set by Parliament, and allow Habib Buwembo file an election petition to challenge his academic qualification.
This is Kato’s response to the application his Voter Buwembo filed out of time, seeking for 30 days to hunt for 500 signatures supporting his election petition, intended to throw Lubwama out of the 10th Parliament.
His lawyers led by Asuman Basalirwa informed presiding Judge Margret Oumo Oguli 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 judicial legislation.
He then invited Justice Oguli to be bound by the decisions of her brother justices in the High court, Court of Appeal and the Supreme Court, who has extensively considered the same application and all came to one conclusion that time set by parliament cannot be extended.
Buwembo dragged Kato to court claiming that Kato Lubwama lacks the minimum academic qualifications to be a member of parliament having failed his Uganda Certificate of Education examinations.
