Mabirizi petitions court over Museveni's idle and disorderly directives
Oct 03, 2019
President Museveni in a letter dated September 30, ordered for the immediate release of all people charged with being idle and disorderly across the country.
COURT
KAMPALA-City lawyer Male Mabirizi has petitioned the high court, seeking to challenge President Yoweri Museveni's directive on idle and disorderly.
President Museveni in a letter dated September 30, ordered for the immediate release of all people charged with being idle and disorderly across the country.
The letter was addressed to the Inspector General of Police, Martin Okoth Ochola and copied to the Vice-President, Prime Minister, NRM secretary general, minister of internal affairs and the Attorney General.
The President said the offence is a nonsensical crime that was enacted by the colonialists, who feared Africans being around them.
"I direct that all people who have been arrested on account of this nonsensical crime be released immediately and all prosecution discontinued because the police and the courts have got more real crimes to deal with, such as murder, rape, robbery and embezzlement," Museveni stated.
However, Mabirizi on Wednesday filed a case against the Attorney General in the Civil Division of the High Court, seeking declarations that the directives of the President are illegal and procedurally improper.
"Prohibiting the IGP from arresting such people, discontinuance of their prosecution and release of convicts charged by Kampala Capital City Authority but serving prison sentences for failure to pay a fine of sh1m is illegal, procedurally improper and ultra vires the powers of the President or IGP," he contends.
He added, "I know the President and the IGP have no powers to direct Uganda Police Force not to enforce the laws of Uganda," Mabirizi states.
He claims that President Museveni and Ochola have no powers to direct UPF on how to execute his/or her duties and release of persons arrested.
Mabirizi asserts that the President and IGP have no powers to direct for the release of convicts from Uganda Prisons Service without the advice of the advisory committee on the prerogative of mercy.
"It is fair, equitable and in the interest of protecting the rule of law in Uganda that this application be allowed," he requested.
He wants court to quash the directives of the President and to issue a permanent injunction and a prohibition of government officials or agencies from implementing the directives.
Mabirizi also wants court to award him general damages for inconveniences caused and costs of the application.
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