Another Rap: Museveni wants court to dismiss lawsuit

President Yoweri Kaguta Museveni has asked the Constitutional Court to summarily dismiss with costs a petition in which a city singer seeks to know whether a sitting president cannot be sued in his personal and private capacity.

This is contained in an answer to a constitutional petition he filed through his lawyers, K&K Advocates, challenging the one filed by a city singer, songwriter and producer, Richard Kaweesa, claiming ownership of the song "You Want Another Rap" otherwise also known as 'Mp'enkoni'.

Richard Kaweesa, through Muwema & Co. Advocates, petitioned the Constitutional Court seeking an interpretation of the law exonerating a sitting president from being sued in his private and personal capacity.

"Save that the respondent is the President of the Republic of Uganda and the lawfully registered holder of the copyright in respect of "You Want Another Rap" song, the rest are totally denied" and must be summarily dismissed with costs," the document filed by Museveni's lawyers reads in part.

Kaweesa, who first filed a civil suit in the High Court for damages for what he termed as infringement on his musical works, as author, producer and owner of the song later filed the constitutional petition, seeking interpretation of the law barring a sitting president from being dragged to court in his private and individual capacity.

In his plaint that is pending hearing in the Commercial Division of the High Court, Kaweesa sought a declaration that he is the author, producer and owner of the "You Want Another Rap" song that he termed as the "musical works", which is infringed upon.  

According to the documents filed in court by K&K Advocates on behalf of the President, the petitioner's claim was described as laughable, ill-conceived and an abuse of the court process, which cannot be sustained under the law and; which should be dismissed summarily and the petitioner be ordered to pay costs.

But, in answer to the petition, the President, through his lawyers, stated that he is the President of the Republic of Uganda and is by virtue of the Constitution not liable to proceedings in any court of law, save that he can be a party to a Presidential Election Petition in the Supreme Court, as provided for under the Constitution.

It is also averred that the issues raised by the singer in the petition do not require interpretation of any provision of the Constitution.  raised by the song claimant in the petition do not require interpretation of any provision of the Constitution.

"Then petition has been commenced against the respondent contrary to the clear provisions of the Constitution, the law and practice of the court" the document stated. 

According to the court record, the respondent further averred; "This answer to the petition is filed without prejudice to the immunity of the respondent from court proceedings laid down by the Constitution."     

It was further contended that save that a sitting President can be a party to a Presidential election petition in the Supreme Court as it is provided for in the Constitution, the rest of the contents of the petition are denied.

The President's answer to the petition was accompanied by an affidavit in support sworn by Edwin Karugire, a senior partner with K&K Advocates, in which he affirmed that "as a sitting President of the Republic of Uganda, President Museveni is not liable to proceedings in any court. So, the petition has been commenced against the President contrary to the clear provisions of the Constitution, the law and the practice of the court.

So, the sitting president enjoys immunity from court proceedings as laid down by the Constitution of Uganda," Karugire stated in his affidavit.   

The court is yet to set the date on which to hear the two sides on the matter.