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Don't run to us since you're the people's president, judges tell off Besigye  

Dr Kizza Besigye (C) addressing the media recently

Dr Kizza Besigye (C) addressing the media recently

A panel of five Constitutional court judges has dismissed an application by four-time presidential candidate Dr Kizza Besigye asking court to nullify the offence of unlawful assembly in the Penal Code Act. 

The panel comprising Justices Kenneth Kakuru, Cheborion Barishaki, Elizabeth Musoke, Steven Musota and Geoffrey Kiryabwire delivered its verdict yesterday. On July 7, 2011, Besigye through his lawyers from A. F Mpanga petitioned the Constitutional court to scrap the offence of unlawful assembly from the Penal Code Act on grounds that it was unconstitutional.

In his suit, Besigye noted that the offence contravenes Articles 21, 27, 29 and 43 of the Constitution of Uganda, which guarantee equality and freedom from discrimination, right to privacy of persons, home and other property, protection of freedom of expression movement, assembly, association and human rights freedoms.

Besigye ran to court after he was picked up various times and arraigned before Kasangati and Nabweru Magistrate’s courts for staging unlawful assemblies when he led the 'Walk to Work' protests in 2011 that were prompted by high commodity prices. 

He asked the Constitutional court to declare his arrest and subsequent prosecution in various courts unconstitutional. However, the five-member panel of Constitutional court judges unanimously dismissed the application in their judgment read by Constitutional court registrar, Dr Agnes Nkonge. 

The justices noted that they have looked at Besigye’s political background and found that he has been in contempt of Supreme court orders resulting from the Amama Mbabazi presidential election petition challenging the declaration of President Yoweri Museveni as winner of 2016 elections.    

The judges said they heard the merits of the petition and concluded that Museveni was the validly elected president. However, the judges noted that Besigye defied the orders and went ahead to swear in himself as the legitimate president of Uganda, appointed a cabinet and national assembly known as "People's Government"

The judges note that since Besigye argues that there is no validly elected government, it implies that there are no legally constituted courts of law and therefore they can’t grant him the remedies he is seeking.  

“I would therefore decline to grant him the remedies he seeks in the petition, maybe he will have to seek audience before his own court or before the “judge’, who swore him in as president’, reads the majority judgment written by justice Kakuru. 

However, the justices note that the action by police to criminalize citizen’s rights of political expression and association as set out in the petition is unconstitutional. The judges noted that hadn’t they looked at the previous political conduct of Besigye; they would have allowed his application. 

Besigye’s lawyer, Sophie Nantamba Nyombi and Hilary Ebila who represented the attorney general declined to comment on the judgment. Nantamba said she would only comment after receiving a copy of the judgment.

Comments

+3 #21 Odongkara 2019-12-14 18:25
Secondly, Besigye's petition is to do with a 2011 issue.

Are these truly "learnt" judges? Thirdly the judges ruled that, “Since there is no validly elected Government in power, it would follow that there are no legally constituted courts of law. This court it follows is illegitimate, and as such has no power to adjudicate on any dispute including determination of this petition,”

Kakuru must know know that no courts in the land will have any jurisdiction over any of the cases pending in the courts against Besigye. Finally, the speaker of parliament is on record for calling some of the court's ruling "stupid" and I will this is one of them too.
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+2 #22 Odongkara 2019-12-14 18:28
Quoting karemire:
Quoting Lakwena:
Maybe it is high time Dr. Besigye stepped back instead of overstepping himself in an effort to bring justice change to this country.

In other words, it seems he and a few others are now alone in the struggle, as many Ugandans are now resigned to fate.
Just like Jesus who went it alone and got brutally crucified/murdered: He was
That is the sad testament Uganda is in today.

I read it differently. To me, the Judges are saying "use means other than the LAW" if you want to retire M7. What other options are available? That is the question.


Honestly speaking looking at the flip side of the ruling that is another plausible meaning. This ruling has the potential to set the country aflame.
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+5 #23 salano 2019-12-15 00:14
A yellow Judgement ?
i see this a as a clear Red judgement. Besigye is yesterday . Bobi the future. .
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0 #24 Edward mukyanda 2019-12-15 23:43
So said for our judiciary to pass such judgement. Two wrongs do not make a right. History will judge you later.
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0 #25 karemire 2019-12-16 13:05
Quoting Edward mukyanda:
So said for our judiciary to pass such judgement. Two wrongs do not make a right. History will judge you later.

The Judges too seam to have read the writing on the wall and are TRYING TO EDGE THEIR BETS 50/50 BOTH WAYS.
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+5 #26 Budapest 2019-12-16 16:17
Finally some people are brave enough to call out the games, time wasting and utterly ridiculous antics of the so called Peoples president.

I must applaud the learned judges on this much deserved but albeit much delayed judgment.

I must state, from the onset, that am an admirer of the great Besigye. His determination and drive in the face off seemingly impossible odds in the politics of this country are admirable.

But the idea that you can swear in yourself as president and indeed go ahead and form a people's assembly is not just laughable but it's the height of political comedy.
How can anyone take you seriously after that?

The judges, in their much appreciated wisdom, called out his bluff and as night follows day, the Besigye joke fell down on its backside.

We can only entertain jokers for so long. On to the next one please.
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0 #27 Lysol 2019-12-16 22:27
These cadre judges only think that they can only serve the corrupt regime and not other Ugandans.

They seems not know the separation of power and the judiciary.
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0 #28 kirya 2019-12-16 23:37
Judges are supposed to look at the facts of the case and make a judgment based on its merit.

Besigye stating that he is the people president had no bearing on the case because he had no power to run the country.

Uganda is rotten to the core those we expect to be educated act like abayayee too!!
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