The Judiciary has described President Yoweri Museveni’s pronouncements that former Vice President Gilbert Bukenya has no case to answer as subjudice.
In a statement released this evening, the judiciary says the pronouncements by President Museveni tend to undermine the public confidence in the courts of law.
Museveni was quoted in the media as having told an NRM caucus meeting in Entebbe on Monday that the charges against Bukenya had no merit.
The Judiciary spokesperson Elias Kisawuzi states that courts are the adjudicating authority in Uganda and that no person or authority shall interfere with the courts or judicial officers in the exercise of their judicial functions.
The statement further stresses that administration of justice requires that once a dispute has been submitted to courts of law, the litigants and general public should refrain from making public statements or comments regarding the merits of the case.
Kisawuzi notes that whether Prof. Bukenya has no case to answer will be determined by courts of law based on facts before them and are bound to reach a just decision without fear or favour.
He concludes by appealing to the public to wait for the decision of the constitutional court, which started hearing the petition yesterday.
Bukenya is facing the Anti-Corruption Court on charges of abuse of office and fraudulent practice. The charges stem from his alleged directive, while chairing the cabinet subcommittee on CHOGM, that a deal to lease executive vehicles be given to Motorcare Ltd, a company which charged more than what another bidder, Spear Motors Ltd, quoted leading to the loss of billions shillings.
The former vice president however, secured an interim injunction on his prosecution and wants the constitutional court to pronounce itself on the matter.
While in court on Tuesday, Bukeya’s lawyers, Ben Wacha and MacDusman Kabega, told a Coram headed by Deputy Chief Justice and head of the Constitutional Court Mpagi Bahigeine that the Inspector General of Government, Raphael Baku acted with bias in order to appease the appointing authority so that he is elevated.
Kabega furth argued that the charge sheet was defective in that Baku signed it as acting IGG. He said Article 223 of the Constitution only provides for IGG and Deputy IGG and in signing the charge sheet as “acting IGG,” Baku acted in capacity of a non-existent office.
Bukenya insists that his directives while chairing the CHOGM meetings, fell under the office of the president and therefore he is immune to prosecution. But Henry Oluka, submitting for prosecution, said immunity applied only to the Office of the President.
Justice Bahigeine said the court will decide on notice.
