By Hillary Nsambu
KAMPALA - City lawyer Davis Wesley Tusingwire has filed an appeal opposing the Constitutional Court’s decision not to outlaw the current formation of the Anti-corruption Court.
He filed a notice of motion filed in the Supreme Court on January 17 in which he seeks to stop the implementation of the Constitutional Court’s judgment.
Tusingwire insists that the Supreme Court should stop the judgment of the Constitutional Court allowing the resumption of the Anti-corruption Court until his appeal is finally disposed of.
He insists that the Constitutional Court was wrong not to declare as unconstitutional the composition, competence and functions of the Anti-corruption division as long as it consists of Chief and Grade One Magistrates sitting as the High Court judges.
Late last year, the Constitutional Court with four justices against one, dismissed Tusingwire’s petition as unmerited and refused to stop and outlaw the composition and functions of the Anti-corruption Court.
The justices dismissing the petition said that the court’s formation by the Chief Justice and his directions did not breach any provisions of the Constitution.
But Steven Kavuma, the acting Chief Justice, doubling as Acting Deputy Chief Justice, dissented saying that the inclusion of the Chief and Grade One Magistrates in the composition of the Anti-corruption Court breached the Constitution and should be stopped immediately.
The Anti-corruption Court has since started its work after close to six months' freeze on the trials of corruption cases.
Tusingwire insists its functions are unlawful as they derogate accused persons’ rights to fair hearing before an independent and competent court established under the Constitution.
He further maintains that the composition of the Anti-corruption division of the High Court offends the Constitution particularly where it provides for the appointments of the Chief and Grade One Magistrates sitting as High Court judges.
The lawyer is asking the Supreme Court to overturn the Constitutional Court’s judgment stopping the magistrates from sitting as judges.
Represented by Muwema and Mugerwa Advocates and KOMO Advocates, Tusingwire is asking the court to stop the Anti-Corruption Court from functioning until his appeal is disposed of finally in the Supreme Court.
The Attorney General, Peter Nyombi, is yet to respond.
City lawyer insists on Anti-corruption Court