Lawyer Male Mabirizi has written to parliament asking it not to approve the appointment of Justice Simon Byabakama and the other six members.
President Museveni in a January, 5, 2024 letter to Parliament, forwarded Justice Byabakama’s name for vetting after extending his tenure as Electoral Commission chairman.
He also extended the terms of office for Byabakama’s deputy, Hajjati Aisha Lubega and Stephen Tashobya as a commissioner .
The president also appointed Makerere University lecturer Dr. Ssimba Ssali Kayunga , former Kyoga County MP Anthony Okello, former Nansana Municipality MP, Robert Kasule Ssebunya and the body’s acting head of administration, Pamela Etonu Okudi as new commissioners.
However, in his petition copied to Speaker Anita Among, her deputy Thomas Tayebwa and the Leader of Opposition Joel Ssenyonyi, Mabirizi says that Justice Byabakama and her deputy Aisha Lubega are ineligible for appointment .
“They are barred by Article 60(4) of the Constitution since their term expired without renewal at least 3 months hence cannot be renewed,” Mabirizi says in his petition.
He adds that evidence in High Court’s civil division in a case of 2019 indicated that contrary to Article 60(5)(d) of the Constitution, Justice Byabakama refused to relinquish his position as a Justice of Appeal but instead opted to take leave, hence not qualified.
“ None has minimum requirements under Article 60(2) of the Constitution which requires that members of the commission shall be persons of high moral character, proven integrity and who possess considerable experience and demonstrated competence in the conduct of public affairs,” he says.
He says that while working in the office of the DPP, Byabakama is on record of High Court for “having fabricated evidence in Dr.Kizza Besigye treason case by presenting a witness with gadgets to enable her receive answers from out.”
Mabirizi adds that Aisha Lubega’s last job was as the head teacher at Nabisunsa Girls’ Secondary School and that it was a very narrow public administration to qualify her for presiding over national elections.
He adds that Stephen Tashobya, Anthony Okello and Robert Kasule Ssebunya are all former NRM leaning Members of Parliament who he describes as being so partisan that they cannot preside over any independent national election.
The lawyer says Dr.Sallie Simba Kayunga was a Phd examiner and allhis views were anti-rule of law and anti- democracy, without any good will or capacity to preside over a fair election.
“Pamela Etonu Okudi is a staff at Electoral Commission, one of those who have been behind the maladministration of 2016 and 2021 General Elections. She has not demonstrated any competence.”
The lawyer says that any approval of the appointments will be disastrous to the entire country, region and Africa at large.
