Judgment For Grounded Anti Corruption Court Set Wednesday

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In short
The Constitutional Court has set Wednesday next week to pass its judgement that will decide the fate of suspended Anti Corruption Court, five months after its operations were halted.

The Constitutional Court has set Wednesday next week to pass its judgement that will decide the fate of suspended Anti Corruption Court, five months after its operations were halted.
 
The Registrar of the court, John Erutu said the judgment is ready and is just awaiting to be read on Wednesday.
He said in the process, the court is making sure that it serves both parties in this suit with a judgment notices in order for them to appear on that day.
 
This matter arose in July this year when the Constitutional Court stayed all the criminal proceedings that were going on in the High Court, Anti Corruption Division and those arising from the magistrates pending the determination of the main petition, which judgment is to be passed next week.
 
The petition that was lodged before the court, was filed by city lawyer Davis Wesley Tusingwire, challenges the judicial duties executed by the magistrates attached to the High Court, Anti Corruption Division as being unconstitutional.
 
When the substantive petition came up for hearing on September 13 this year, Fred Muwema, the lawyer who represented Mr Tusingwire in court, asked the Constitutional Court to nullify all the judgments made by the suspended Anti Corruption Court since its inception in 2009.
 
Muwema argued that the magistrate court attached to High Court, Anti Corruption Division is an incompetent court which is unknown to the law and the judgments arising therein, should be declared a nullity.
 
Further, Muwema submitted that judgments of the High Court, Anti Corruption Division should also be declared a nullity since the same proceedings there and judgments, arise from this ‘incompetent’ magistrate court.
 
In case the court concurs with Muwema’s submissions, then all  the corruption convicts who went through the Anti Corruption court Could stand to be set free from jail.
 
On the contrary, George Kalemera who represented the Attorney General during the hearing of the main petition, argued that there is no illegality committed by the magistrates to perform judicial duties at the anti-graft court.
 
Kalemera defended the existence of the magistrate court attached to the Anti Corruption Court on grounds that the out-going Chief Justice Benjamin Odoki in establishing the Anti Corruption Division of the High Court, based on article 133 (a) and 232 of the constitution that empowers him to establish a special court to combat corruption with designated magistrates to assist the two judges of that court.
 
This petition was heard by a panel of five justices led by Acting Chief Justice Steven Kavuma. Other justices on the panel included; Remmy Kasule, Geoffrey Kiryabwire, Solomy Balungi Bossa and Lillian Tibatemwa.
 
The Anti Corruption Court was established in 2009 by out-going Chief Justice Odoki to specifically fight corruption. At the time of suspending its activities, there were 251 cases that were ongoing both at the lower court and high court Division of the Anti Corruption Court.