Justice Dollo says that there is nothing wrong with Museveni expressing his views as a citizen and an elected leader, contrary to the debate it has garnered among Ugandans.
Chief Justice Alfonse Owiny-Dollo has said that President Museveni
has a right to express his views on bail reforms.
In an interview in Kitgum Municipality, Dollo says that there is nothing wrong with
Museveni expressing his views as a citizen and an elected leader, contrary to
the debate it has garnered among Ugandans.
Museveni’s back to back statements recently calling for the scrapping of bail
and police bond for capital offenders has sparked wide condemnation from a
section of lawmakers and human rights defenders in the country. Museveni
said that bail is “provocative” and “interferes” with the investigation.
But many describe his move as a deliberate attempt to overturn the constitution
and deny suspects mostly his political opponents their rights to bail and
police bond as enshrined in article 23(6) of the constitution and section 25 of
the police act.
Justice Dollo however says the President is only selling his ideas to the
Parliament. He notes that once Parliament takes the idea and amends the law,
the judiciary will implement it but only when it doesn’t contravene any
provision in the constitution.
//Cue in: “I see nothing…
Cue out:…not lawmaking.”//
Justice Dollo says the public should get away from the debate and
leave the President to express and sell his views. He however says that the
Judiciary will not hesitate to strike down the amended law if it contravenes
the constitution.
He says anyone can make
such statements like the President but it's subject to debate.
//Cue in: "So far let...
Cue out...then it's debated."//.
Asked whether the President's move is an attempt to overshadow the
Judiciary roles, Justice Dollo says he won't hesitate to advise the President if
the matter he is fronting doesn't follow the legal procedures.
//Cue in: "If the president...
Cue out:...agree with you."//
The cabinet recently endorsed the criminal justice reforms, among
them amendments to the 1995 Constitution and the Police Act, to deny suspects
on capital offences bail or police bond, a move lawmakers and rights defenders
believe aims to cement the president's interests.
However late last month retired Supreme court judge George
Kanyeihamba together with five human rights activists sued President Museveni
for his move to scrap bail applications and release of suspects on police
bond.
The President was sued jointly with his ruling National Resistance Movement
(NRM) party and the Attorney General who is accused of endorsing amendments on
bail and recommending for alteration of section 25 of the Police Act.
The petitioners alleged the President’s remarks are
unconstitutional and contravene several articles of the constitution and
international treaties to which Uganda is a signatory.
