Independent lawyer James Owebeyi Mugyemanyi has taken the government of Uganda to court over the continuous postponement of LCI and LCII elections.
His application stems from the Ministry of Local Government’s decision to repeatedly extend the terms of office for 180 days, with the initial extension starting on July 28, 2023, setting January 2024 as the election period for these political offices.
The Ministry further extended the terms of office by another 180 days, setting the new expiration date to July 3, 2024. As the expiration date approached, the Ministry extended the terms of office once more by 180 days.
In his application to the Mbarara High Court, Miscellaneous Cause No. 24 of 2024, registered on July 9, 2024, Owebeyi seeks a response from the Attorney General and the Ministry of Local Government regarding the multiple postponements of these elections.
Owebeyi, known for his legal battles, asserts that the Minister of Local Government is only empowered by Regulation 11A under the Local Government Act to extend terms of office in cases of a state of emergency or other significant uncertainties in Uganda.
He claims that the Ministry is hiding behind the Cabinet, which itself violates the constitution of Uganda.
Owebeyi further states that, as a legal expert, he is empowered by Article 50 of Uganda’s constitution to engage in public litigation. “The Minister’s decision contradicts the constitution of local government; thus, I cannot remain silent in the face of constitutional violations,” Owebeyi said.
His application outlines six grounds for his litigation. Owebeyi, an affiliate of the Forum for Democratic Change Najjanankumbi faction, is known for his political legal battles.
He successfully nullified the victory of Bukimbiri County Member of Parliament Eddie Kwizera Wa Gahungu in 2022. Owebeyi argues that the government has no valid reason to avoid Local Council elections, noting that they can afford expensive parliamentary elections.
This being his second legal challenge over the same issue, Owebeyi is committed to ensuring that justice prevails.
As a law student at Uganda Pentecostal University, he litigated against the State Attorney and the Ministry of Local Government over poor facilitation and payment to the same leaders.
In Miscellaneous Cause No. 006 of 2020, he sought government intervention in facilitating them.
