Kampala District Woman MP Nabilah Naggayi Sempala’s seat is under threat as a group of lawyers have petitioned court to throw her out on grounds that her stay in parliament is unconstitutional.
The lawyers under the umbrella of the Uganda Catholic Lawyers’ Society; in their complaint, claim Ms Nabilah cannot be an MP for Kampala District (a local government) since it ceased to be a district in accordance with article 5 of the constitution and became Kampala City Authority administered by the central government.
Led by Jude Mbabaali and Richard Lumu, the lawyers who filed the suit on Monday, also want court to order Ms Nabilah to refund all the monies including facilitation she has been getting from Parliament as MP since May 16, 2011, when she was sworn in as MP.
To justify their cause of action, the lawyers cite the opinion of the Solicitor General in his advice to the Executive Director KCCA, Ms Jennifer Musisi to disband the Kampala District Land Board as Kampala was no longer a district capable of having a district land board.
Mr Mbabaali cites that example in his affidavit to support the motion that an order directing the 3rd respondent (MP Nabilah) to vacate her seat in Parliament of Uganda should be issued.
Ms Nabilah is jointly sued along with the Electoral Commission and the Attorney General.
The attorney general has been faulted for having allowed Ms Nabilah take oath of allegiance as woman MP for Kampala District which does not exist anymore, an action they say, contravened articles 5 and 78 (1)b of the constitution.
On the other hand, the Electoral Commission has been sued for having allowed Ms Nabilah to be nominated and contest for the seat on FDC ticket and thereafter declaring and forward her as duly elected Woman MP for Kampala district, well knowing that Kampala had changed its status, was unconstitutional.
The petitioners further contend that the actions of Ms Nabilah amount to selfish enrichment and wastage of tax payers’ money in form of Parliamentary emoluments and facilitation since she was in the house when the said Bill was debated upon and passed into law.
On December 28 2010, President Museveni assented to Kampala Capital Bill, 2009 whose object was to establish in accordance with article 5 of the constitution (Amended) Act 2005, Kampala City as the Capital of Uganda and also provide for administration and development by the central government.
The effect of the said Bill that became an Act on assent under section (4) 2 is that Kampala District in accordance with article 5 of the constitution, ceased to be a district (a local government) and instead became a Kampala Capital City Authority administered by central government.
Court is yet to summon Ms Nabilah, the Attorney General and EC to file in their defence before a hearing date can be fixed.