Ahead of Uganda’s 2021 Presidential election, the East African Court of Justice (EACJ) has dismissed a case against incumbent Ugandan President Yoweri Museveni, paving the way for the leader who has been in power for 34 years to contest at the polls. 

Sitting in Tanzania, the EACJ’s three-judge panel was led by Justice Monica Mugenyi, who announced a unanimous ruling that threw out a case that questioned the legitimacy of Uganda’s constitutional amendment which resulted in the removal of the presidential age limit of 75. In its ruling, the court decided that violence did not detract the legitimacy of the constitutional amendment, neither does the amendment violate the East African Community (EAC) Treaty. 

“…More importantly, we are disinclined to agree with the applicant that violence in the House would vitiate the parliamentary proceedings…We, therefore, decline to vitiate the parliamentary proceedings. The upshot of the court’s determination of this case is that the reference is hereby dismissed with costs to the respondent,” the judges ruled. 

The Case Against Museveni

Following Museveni’s decision to run for another term, Ugandan lawyer Hassan Male Mabirizi had filed a case challenging Parliament’s amendment of the constitution. In his case, Mabirizi pointed out that the violence exhibited in Parliament during deliberations on the age limit bill was enough to invalidate the legislation process and the final decision made. 

Mabirizi also appealed to the Court by citing alleged cases where the government amended said constitution through violence and deployment of police and military personnel in and outside Parliament. He further pointed out that the amendment was done without complying with the strict procedures contained in the Constitution, Acts of Parliament, and Rules of Procedures of Parliament. 

With the court’s ruling cementing Museveni’s candidacy by removing the age limit, the longtime ruler who just turned 76, can run for this election and others in the future if he desires.