The Inspectorate of Government has appealed against the Constitutional Court ruling that blocked the IGG from prosecuting three ministers over Chogm related charges.
The Constitutional Court on Thursday halted the charges against foreign affairs minister Sam Kutesa, Government Chief Whip John Nasasira and Mwesigwa Rukutana, the minister for labour, citing lack of a substantive IGG and his two deputies.
A notice to appeal filed by the Inspectorate at the Constitutional Court on Tuesday declares the intention to appeal at Supreme Court, saying the justices erred in law in arriving partly at their decision.
The notice to appeal also asks the Constitutional Court to grant the Inspectorate its record of proceedings and judgment which it intends to peruse through before filling grounds for the appeal at the Supreme Court.
The three ministers were in December last year charged with abuse of office and causing financial loss of Shillings14 billion meant to fix Speke Resort Munyonyo ahead of the 2007 Commonwealth Heads of Government meeting in Kampala. They denied the charges before successfully challenging the powers of IGG to prosecute them when the Inspectorate is not fully instituted.
The Inspectorate has appealed against only one out of the three court decisions.
The Inspectorate has not disputed the decision of the court for helping people retain their bail upon committal to High Court rather than being remanded to re-apply afresh for the same. The other decision not disputed is that of the mandatory reference of constitutional matters by a lower court to Constitutional Court for interpretation when need arises that went their way in the judgment.
This appeal comes after the Attorney General Peter Nyombi said the ministers are now free to resume their ministerial duties. This was after they voluntarily stepped aside late last year to pave way for their prosecution that was before the Anti-Corruption Court.
With the lodging in of this appeal, however, the Inspectorate can now apply before the Supreme Court for a stay of the Constitutional Court judgment that it is dissatisfied with.
The head of prosecution at the Inspectorate Sydney Asubo says they are to apply to Supreme Court any time for the stay of execution of the partial judgment until this appeal is heard and disposed of.
Still with the lodging in of this appeal, the Anti-Corruption Court that is slated to formally dismiss the charges slapped against the ministers later in July this year, will now have to wait for the outcome of this appeal.
