The question at the center of the debate is whether a sitting President who is protected from being sued can on the other hand sue under the same constitution that granted him immunity.
Article 98 clause 4 of the Constitution of the Republic of Uganda gives immunity to a sitting President not to be subjected to any court proceedings except in presidential election petitions.
Court heard that the group on February 25th 2019 using their respective offices at Jinja Municipal Council irregularly recommended, initiated, authorized and approved payment of 120 million shillings to United Development SACCO purportedly for loans deductions arrears for the year 2016.
Minister for Internal Affairs, Gen Jeje Odongo, said Uganda has over 300 porous border points including water bodies where security needs to be heightened. Odongo said security will increase operations on water bodies including ungazzetted land entry points.
The documents include the purchase of Assets and Assumption of Liabilities Agreement between Bank of Uganda and DFCU Bank, written notices of resignation letters by the staff in question, contracts by employees retained by DFCU Vabk that were revised to ensure pay and benefits parity with the bank's employees and documents to show that DFCU didn't underpay those picked from Crane Bank compared to their pre-existing employees.
Although the prosecution team led by Joan Keko and Jacqueline Akao told the court presided over by Grade One Magistrate Gladys Kamasanyu that they were ready to present witnesses and start the trial, the defence team said that they had not been served with witness statements and other disclosures the Prosecution intends to rely on during the hearing.
On Wednesday, Sserwadda and five others appeared before Sembabule Grade One Magistrate Maurice Ezra Eduru and were charged for trespassing on a disputed piece of land and destruction of property.
The application was dismissed on Tuesday by the Deputy Head of High Court Civil Division Judge Emmanuel Baguma. Baguma argues that Kyagulanyi failed to adduce evidence to show that the recalling of the vehicle for re-verification will cause him an irreparable injury which cannot be compensated by an award of damages.
Jimmy Patrick Okema, the Aswa River Region Police Spokesperson told URN in an interview that drug theft in government health facilities in Acholi Sub –Region is becoming so rampant. Okema suspects that such rampant theft could be linked to the mushrooming drug shops within the communities operated by some health workers.
During the hearing, the Auditor General through an affidavit of Senior Auditor, General Bashir Lubega opposed the application, saying that the forensic investigations and reports were done in line with the National Audit Act of 2008 and therefore are in line with the required procedure.
In a petition filed before the Supreme Court, LBT said the order issued by the Court on Thursday offended a number of constitutional provisions because the petitioner in the original case is dead and court took no initiative in having his representatives.
"I have never exerted nor had any undue influence over any voter for whatever purpose nor known of, permitted or consented to any other person doing so as alleged or at all but used persuasion to win voters and defeat the Petitioner's candidate who was an incumbent", reads the defence in part.
The Justices have thus set aside the High Court decision and awarded Kananura costs of the suit in a judgement read by the Court of Appeal Registrar Susan Kanyange.
Magezi didn’t allow the accused to plead to the charges, saying the offences can only be tried by the High Court since they capital in nature. The state attorney, Emily Ninsiima told court investigations into the matter were still ongoing.
The panel of five Supreme Court Justices led by Chief Justice Alfonse Owiny-Dollo in their ruling agreed with the applicants and issued an interim order staying the decision of the Constitutional Court. According to Justice Paul Mugamba who read the decision on behalf of the panel, the order will remain in force until the determination of the substantive application or any other order.
The judgment was based on a petition by Lawyer Bob Kasango, while challenging his trial which was spearheaded by the then Director of Public Prosecutions Justice Mike Chibita. He argued that the roles of the DPP are in clear conflict with the judicial oath and added that Chibita should have resigned before serving in that capacity.
According to the charge sheet and preliminary investigations the men who dressed in white had hidden motives yet to be confirmed of recruiting people into subversive activities.
