The Former Vice President Prof. Gilbert Bukenya has filed an application in the constitutional court seeking to block his trial in the Anti Corruption court for abuse of CHOGM funds. Bukenya is challenging the constitutionality of the trial.
He says that he is aggrieved by the fact that the IGG has instituted criminal proceedings against him for acts done in an official capacity during the time he served as a Vice President which contravenes the constitution.
In his application filed through Tumusiime, Kabega and Victoria Company advocates Bukenya contends that since 23rd May 2003 to 23rd May 2011, all his duties were derived from the office of the President and upon directions of the President.
He says that the Vice President’s office derives its mandate from that of the President and has no independent mandate. Bukenya therefore argues that he is protected from prosecution for actions done in an official capacity under Article 98 clause 5 of the constitution.
He argues that in a cabinet meeting of the 16th February 2004, he was delegated and charged with the responsibility of chairing a cabinet sub committee responsible for providing a political framework to CHOGM preparations by President Yoweri Museveni and deputized by the then Minister for Foreign Affairs Sam Kutesa.
He adds that the cabinet sub committee on CHOGM was comprised of relevant ministers, technocrats from the line ministries, government departments and corporations.
Prof. Bukenya states that decisions that were taken by the cabinet sub committee on CHOGM chaired by himself on the directive of President Museveni were collective decisions of Cabinet and not those of an individual for which he is now being charged.
He further adds that in chairing the cabinet sub committee meetings, he was performing his duties as the Vice President on behalf of the President and was not doing so in a personal capacity as provided in Article 108 clause 3(a) and (b) of the constitution.
He therefore wants the constitutional court to order the Inspector General of Government and the Director of Public Prosecutions to stop prosecuting him in the Anti corruption court or any other court until his application is disposed off.
Prof. Bukenya says he will suffer irreparable injury if he is not granted immunity and the pending constitutional petition will be rendered null and void yet he has very high chances of succeeding.
Hearing of the application is set for tomorrow before the Deputy Chief Justice Bahegaine Mpagi Alice.
former vp prof. gilbert bukenya
chogm cabinet sub committee
dpp and igg