Court Upholds Presidential Age Limit Removal, Paving Way for Museveni's Re-election

On July 26, 2018, a significant chapter in Uganda’s legal and political history unfolded as the Constitutional Court delivered its judgment on the amendment that eliminated the presidential age limit. The ruling came after months of intense anticipation following Parliament’s passage of the Constitutional Amendment Act, 2018.

A five-judge panel, led by Deputy Chief Justice Alfonse Owiny-Dollo, convened in Mbale. After nearly eleven hours, the court, by a 4-1 majority, affirmed the constitutionality of removing the age cap for presidential candidates. This decision effectively cleared the path for President Yoweri Museveni to seek re-election, irrespective of the previous 75-year restriction.

The majority decision was penned by Deputy Chief Justice Owiny-Dollo, along with Justices Remmy Kasule, Elizabeth Musoke, and Cheborion Barishaki. They employed the doctrine of severance, validating parts of the amendment deemed constitutional while invalidating others.

However, the court was unanimous in striking down Parliament’s decision to extend its own term and that of local councils from five to seven years. The justices reasoned that such extensions require citizen approval via a referendum.

Justice Kenneth Kakuru stood alone with his dissenting opinion, deeming the entire amendment process unconstitutional due to procedural flaws. He cited insufficient public consultation and the presence of security personnel in Parliament during debates as undermining the process. Kakuru argued that legislation passed through an unconstitutional procedure could not be partially upheld.

Despite Kakuru’s strong dissent, the majority ruling stood, though it later faced appeals leading to a Supreme Court judgment. The Supreme Court, in a 4-3 decision, ultimately upheld the removal of the presidential age limit, while concurring that the parliamentary term extension was unconstitutional. This concluded the legal challenges, solidifying the amendment that removed age barriers for presidential candidates.

Source: Nile Post