Bukenya: lawyers' body irked by cabinet move

In a statement issued this evening by James Sebugenyi, the ULS president the lawyers urged the executive to stop the blatant interference in the independence of the judiciary.

 

The local press reported that President Museveni while chairing cabinet said he had got legal advice from the Attorney General, Peter Nyombi, to the effect that Bukenya had no case to answer. He reportedly asked Nyombi to arrange with Bukenya’s lawyers for the former VP to get bail.

 

However, ULS reminded the executive of provisions of Article 128 of the Constitution which states that, ‘the Judiciary is mandated to exercise its judicial power independently and shall not be subject to the control or direction of any arm of government, person or authority.”

 

“The Uganda Law Society notes with great concern that, as evidenced in the Bukenya case, the Executive arm of government is increasingly interfering with the Judiciary,” Sebugenyi wrote. “The matter of H.E President directing on innocence of Prof. Bukenya and his being granted bail ought to be left to the courts to decide.”

 

ULS said cabinet’s actions on a matter before court “is most unfortunate and discredits our executive on the aspect of respect for the rule of law.” “Under rule of law, the laws of the land should apply equally to all irrespective of status, affiliations, personality or importance. Everyone should be amenable to the jurisdiction of the courts.

 

Having an independent, impartial and courageous judiciary which has integrity is a key tenet of rule of law,” Sebugenyi pointed out.

 

ULS urged the executive to respect the rule of law and Independence of the Judiciary. It said whilst criticism of judicial decisions or actions should be possible in a democratic society, the same should be channeled using the mechanisms provided for by law and any such criticism should not be direction.

 

“His Excellency the President at a ULS event in 2009 stated that, ‘The rule of law is more important than any political system or affiliation.’ We wish to remind him of these words and request him to practice what he preaches,” the law society stated.

 

While meeting the NRM caucus about two months ago the President also reportedly insisted that he believes that Prof. Bukenya has no case to answer. The judiciary issued a statement saying it would determine the case against Bukenya on its merits.