Court Petition Aims to Stop MPs’ Dual Roles as Ministers in Uganda

City lawyer Mr. Michael Aboneka has submitted a petition to the Constitutional Court, seeking an order to prohibit Members of Parliament from concurrently holding positions as Vice President, Prime Minister, or Ministers in the executive branch. Aboneka argues that such dual roles violate the Constitution and the principle of separation of powers.

The petition requests the court to mandate MPs serving as Prime Minister, Ministers, Vice President, Attorney General, or Deputy Attorney General to vacate their executive positions and refund any benefits received in that capacity. Additionally, the petitioner urges the court to cease ex-officio MPs from receiving benefits paid by parliament, as they predominantly belong to the executive.

Aboneka, representing Thomas and Michael Advocates along with the Walezi Wa Katiba Foundation, contends that MPs simultaneously holding roles in the executive and legislative branches contradict various articles of the constitution, undermining the doctrine of separation of powers.

The petition specifically challenges Articles 113(1), 108A(1), 119, and 119A, asserting their inconsistency with the Constitution for allowing dual appointments. Aboneka argues that MPs serving as Prime Minister or ministers while retaining their MP status creates a fusion of the executive and legislature, contrary to principles of separation of powers and legislative independence.

In a similar case in 2021, a Constitutional Court panel ruled that it is illegal for a judge to be appointed to any executive or constitutional office without resigning from the judiciary.