Petitioners behind the court case that culminated in parliament suspending all its activities on Tuesday, yesterday withdrew their application, wilting under intense pressure.
Speaker Rebecca Kadaga suspended parliament and asked the attorney general to have an interim order issued by deputy chief justice Steven Kavuma vacated before normal business could resume.
The interim order secured by petitioner Eric Sabiiti sought to block parliamentary debate on the Shs 6 billion paid out to 42 individuals as “handshake” for their part in recovering $700 million of tax money from obstinate oil companies.
Sabiiti, the petitioner, yesterday held a lengthy meeting with the attorney general, after which he submitted a “withdrawal of petition” letter to the Constitutional court.
“I, Sabiiti Eric, being the petitioner/applicant in the above matters, hereby withdraw the above Constitutional Petition No. 4 of 2017; SABIITI ERIC VS. ATTORNEY GENERAL and Constitutional Application No. 6 of 2007,” reads the letter.
It was not yet clear by press time whether Sabiiti’s letter alone was sufficient to effect the vacation of the order. Efforts to seek clarification from judiciary officials were fruitless. The day before, Sabiiti’s lawyer, Alex Candia, had set the stage for his client to backtrack when he turned up at parliament seeking to apologise to the speaker.
On Tuesday, an incensed Kadaga described Justice Kavuma’s order as “stupid” during a heated session in which she suspended parliament business until it was quashed.
The interim order and the resulting suspension meant that a motion to debate the Shs 6 billion “handshake” couldn’t go ahead. Although Sabiiti’s lawyer Candia wasn’t able to meet Kadaga on Wednesday, he still expressed his regrets to parliament in a meeting with MPs Anita Among (Bukedea Woman) and Elijah Okupa (Kasilo) for seeking an order that has paralysed business in the House.
“We didn’t know that our client’s action would cause far-reaching effects in the work of parliament. We did not intend to stifle the running of this institution,” Candia said on Wednesday evening.
Candia promised to persuade the petitioner, Eric Sabiiti, a legal officer with the electoral commission who acted as “a private citizen,” to withdraw his petition.
We have been told that Sabiiti acted under pressure from his employer and other parties to withdraw his petition. Kadaga, who is currently out of the country on official duties, delegated MPs Okupa and Among to meet Candia.
“I came to the speaker to express our regrets and the actions, not the fact that we have represented our client. The effect of our actions is that the country isn’t running and may not be running for some time. We wish to apologise for the effect the order has caused the whole nation,” Candia further said.
Candia maintained that his law firm, Candia & Oundo Advocates, didn’t envisage the enormous effect the interim order could cause the nation.
“In the interest of having the country run, because all of us are stakeholders, we can abandon our friends for the common good of everybody. I will advise my client to withdraw that petition as soon as possible, but the ultimate decision to do that will be his,” Candia said.
“I want you to understand that my apology doesn’t mean the order is illegal or unlawful. But I am considering the consequences of this order to the whole country.”
Okupa welcomed Candia’s apology and added that the 42 beneficiaries of the Shs 6b bonus should emulate the lawyer and express remorse for taking the money.
“As movers of the motion, we welcome the statement from the lawyer,” he said. “We now encourage the beneficiaries to do the same.”
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