The much anticipated hearing of the constitutional petition in which the Attorney General is seeking to completely ban the defiance campaign activities of the largest opposition political party the Forum for Democratic Change (FDC), flopped on Friday after two justices on the panel of five were indisposed.

The hearing of the main petition had been scheduled for Friday morning but this was not possible with the Registrar of the Court Deo Nizeyimana informing the concerned parties that one of the Justices on the panel had lost a relative and another Justice was away attending a conference in Nairobi Kenya.

However, Mr Nizeyimana did not name the Justices who were indisposed.

To that effect, the Registrar adjourned the hearing of the main petition to June 23 at 10am.

The five member panel of justices that was set to hear the RDC defiance campaign petition was led by Deputy Chief Justice, Steven Kavuma.

The other justices on the panel include; Richard Buteera, Elizabeth Musoke, Catherine Bamugemereire and Cheborion Barishaki

During the short court session held in the chambers of the Registrar, there was a heated argument on the availability of Dr Kizza Besigye to attend court during the hearing of this case since he is one of the respondents but currently held at Luzira prison on treason charges.

Mr Ladislaus Rwakafuuzi who represented FDC party in court, wondered why Dr Besigye had not been produced before court.

Mr Rwakafuuzi argued that with the absence of Dr Besigye who is party to the case, the hearing of the main petition cannot proceed.

But the Registrar replied that Dr Besigye could not be brought in court because he had not yet responded to the main petition.

Deputy Attorney General, Mwesigwa Rukutana told court that as government, they will endeavor to serve Dr Besigye with the hearing notice again for the next date of June 23.

But Counsel Rwakafuuzi hit back and explained that Dr Besigye is on remand and that he can’t easily come to court by himself unless a production warrant is issued by the court to prison authorities.

In the main petition, the Attorney General claims to be dissatisfied with the defiance campaign conducted by Dr Besigye and FDC whose aim he says is to obtain control of the government yet it is inconsistent with the constitution.

The chief government legal advisor also states that by Dr Besigye announcing himself as the winner of the recently concluded presidential elections by over 50 per cent of the valid votes cast is inconsistent with the constitution and wants the court to pronounce itself on the same.

But FDC party in its response to the AG’s main petition it filed before the court two days ago, defends the defiance campaign on grounds that it is mandated as a political party to defy anyone who wants to resist democratic change.

FDC further in its response to court, states that as a political party, it is mandated to gain control of government through a popular mandate as the constitution stipulates.