Supreme Court has today morning blocked Erias Lukwago’s return to office ruling that his appeal should be taken before a panel of three judges at court of appeal.
The Supreme Court has ruled that Lord Mayor Erias Lukwago continues to stay out of Kampala Capital City Authority (KCCA) until his petition challenging the same is heard and disposed of.
Five judges of the Supreme Court have in a joint ruling delivered by Deputy Registrar Thaddeus Opesen said that they do not have jurisdiction to hear an appeal arising from a decision of one justice of the court of Appeal.
They advised the embattled Lord Mayor to take back his appeal to the Court of Appeal. The status quo now remains until three judges of the Court of Appeal hear the petition.
The court however punched holes in a decision by Deputy Chief Justice Steven Kavuma who had on March 31 kicked Lukwago out of office just hours after he had resumed office after an earlier impeachment.
Lord Mayor Lukwago said after the ruling that it’s now time for a protracted legal and political battle to get his office back. He said he respects the decision by the justices of the supreme court, but that he is prepared for what he called a long war.
Lukwago had petitioned the highest court to determine whether he returns to his office at City Hall or continues to stay away.
Lukwago’s appeal arose on April 1st this year when he petitioned the Supreme Court seeking to overturn the earlier orders of Justice Steven Kavuma of the Court Appeal, who had among others kicked the Lord Mayor out of City Hall hardly three hours after he resumed the same.
The kicking out of Lukwago from City Hall on March 31, followed an appeal by KCCA and Attorney General who claimed to be distressed with the earlier orders of High Court judge Lydia Mugambe.
Justice Mugambe had on March 28 ruled that Lukwago’s removal from office by the 29 KCCA councillors on November 25 last year was illegal.
Justice Mugambe observed that there was an existing court order stopping the same purported impeachment and that the same was null and void before ordering Lukwago to resume his office.
This appeal was heard by a panel of five justices of the Supreme Court on April 24 and was reserved for ruling on notice. Justices; Dr Esther Kisaakye Mayambala, Benjamin Odoki, Galdino Okello, John Wilson Tsekooko and Christine Kitumba heard the appeal.
The ruling comes at the time when Makerere University KCCA councillor Bernard Luyiga had petitioned the Leader of Opposition in Parliament, Wafula Oggutu, to intervene in the delayed delivery of the ruling.
Luyiga, one of the councillors who voted Lukwago out of office, argued that the delay was denying the people of Kampala representation at City Hall.