Kampala — The MP for Terego County, Mr Kassiano Wadri, has petitioned the Constitutional Court seeking to nullify the decision of Parliament to create Nyadri District.
The MP, in a petition filed last week, argues that it was unconstitutional to alter the boundaries of the earlier-proposed Maracha/Terego District to include only the former in the new Nyadri District. The act by Parliament of re-incorporating Terego County into Arua - a once parent district - contravenes the Constitution, so argues Mr Wadri.
According to the petitioner, it is illegal for Parliament to make such alterations when the matter is still pending before court for determination. Parliament a fortnight ago approved 15 new districts in which these new developments were captured. The petition is supported with the affidavit of Mr Wadri who states that in July 2005 Parliament created 21 new districts including Maracha and Terego counties.
War of names
However, Parliament failed to pronounce the headquarters of the district and stakeholders from the two counties made several consultations where two names emerged, one being Nyadri in Maracha County and another Kubala in Terego County.
The petitioner claims the then Minister of Local government Kahinda Otafiire without any lawful consideration declared Nyadri the headquarters of the district. The petitioner having been dissatisfied with the decision petitioned the High Court for review of this decision and the presiding Judge Kibuuka Musoke quashed Maj. Gen. Otafiire's decision.
The judge ordered the LCV members of both counties to organise a meeting and decide on where the district headquarters should be within 21 days from the date of judgment but the Attorney General, who was defendant in matter, appealed against Justice Musoke's decision.
It is the contention of the petitioner that as the matter is still pending determination by the Appeal Court, Maj. Gen. Otafiire went ahead to move a motion in Parliament, saying the boundary of Arua District comprising the two counties should be altered with Terego County falling under the former. The petitioner contends he opposed the motion on grounds that the matter is still pending in court for determination and therefore is sub-judice for debate but Parliament went ahead to approve the motion.
Mr Wadri wants court to declare acts by Parliament in incorporating Terego County in Arua District unconstitutional as well as issue a permanent injunction restraining the operationalisation of Nyadri District and costs of the petition. The petitioner has filed an application for a temporary injunction seeking to block the operationalisation of Nyadri District which application is yet to be fixed for hearing.