On Monday, a coram of five Constitutional Court Judges unanimously agreed and dismissed the petition of former Supreme Court Judge Dr. George William Kanyeihamba and others against President Yoweri Museveni’s call to remove bail provisions.
The judges who include; Justice Fredrick Egonda-Ntende, Elizabeth Musoke, Christopher Madrama Izama, Monica Mugenyi and Christopher Gashirabake dismissed the petition on grounds it did not present any formal reform proposals.
Justice Monico Mugenyi who was the lead judge noted that after reading all the affidavits and shreds of evidence from appellants; Prof. Dr G. W. Kanyeihamba, John Solomon Nabuyanda, Edrine Price Bossa, Alex Wavamunno, Ronald Williams Asiimwe, Simon Ssenyonga, she discovered that just a mere mention of a constitutional violation is not sufficient to establish a cause of action before the Constitutional Court.
“In a case such as the one presently before us, where the Petition raises no cause of action under Article 137(3) but rather the threatened violation of a constitutionally guaranteed right, redress ought to be sought before another competent court under Article 50(1) but not the Constitutional Court. Indeed, as required by Article 50(4) of the Constitution, Parliament has since enacted the Human Rights (Enforcement) Act, 2019 to guide the enforcement of such rights and freedoms. In the result, I am satisfied that this Petition is misconceived and improperly before this Court,” she said.
She ruled; “The upshot of my consideration hereof is that I would dismiss this Petition with no order as to costs.”
The petition in question was taken to the constitutional court on 25th October 2021 under Chapters 1 and 4, and Article 137 of the Constitution, challenging the perceived threat to the right to bail in Uganda.
It was initially lodged by Prof. Dr. George William Kanyeihamba, an acclaimed jurist, and Messrs. John Solomon Nabuyanda, Edrine Price Bbosa, Alex Wavamunno, Ronald William Asiimwe and Simon Ssenyonga, all self-styled human rights activists and ardent believers in constitutionalism and the rule of law. However, it later transpired that Messrs. John Solomon Nabuyanda, Edrine Price Bbosa, Ronald William Asiimwe and Simon Ssenyonga had since withdrawn from the Petition.
The Petitioners contend that statements attributed to President Museveni published in the Daily Monitor Publication on the 27th of September 2021 proposed the amendment of the law on bail in contravention of Articles 1,2,3,4,20′ 21,23 and 44 of the constitution.
The Petitioners also contended that the action by the same President Museveni of summoning the National Resistance Movement (NRM) party caucus to discuss the proposed amendments was in itself,a threat to the right to bail and in contravention of the same constitutional provisions.
In their prayers, the petitioners wanted the court to issue an order prohibiting President Museveni, the Attorney General and the National Resistance Movement (NRM) party and any other person or group of persons from the furtherance of any such actions that threaten the right to bail application and Police bond.
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