Judge quits Muhwezi corruption case

Jan 16, 2008

HIGH Court Judge Opio Aweri has withdrawn from the case filed by three former health ministers against the Inspector General of Government in the controversial immunisation fund scandal.

By Anne Mugisa
and Hillary Nsambu


HIGH Court Judge Opio Aweri has withdrawn from the case filed by three former health ministers against the Inspector General of Government in the controversial immunisation fund scandal.

Sources at the High Court told The New Vision the judge announced his stepping down after a two-hour meeting in his chambers with the lawyers for the parties in the petition.

According to the sources, the judge said he was going on leave so as to complete his dissertation for his Master of Laws degree.

The Principal Judge, James Ogoola, recently took over the file in which the three former ministers, accused of misappropriating sh1.6b from the GAVI Fund, challenged their prosecution by the IGG.

The ministers, Jim Muhwezi, Mike Mukula and Alex Kamugisha, questioned the IGG’s powers to prosecute them on embezzlement of funds.

They argue that the IGG only has powers to prosecute them on abuse of office.
They appealed to the High Court after Chief Magistrate Margaret Tibulya of the Buganda Road Court rejected their petition.

The file had been allocated to Justice Aweri. But before the petition could be heard, the IGG complained to the Principal Judge that Aweri was handling the case in an irregular manner.

Justice Aweri denied the allegations. In a letter to the Principal Judge, he wrote: “I would like to appeal to the learned IGG as a judge to add more value to the office of the IGG and help the judiciary and indeed all other stakeholders to fight corruption other than crying “wolves! wolves!”, where there are none.”

He asked if the IGG expected him to throw out the petition without hearing the parties and wondered what principals of justice had been violated.

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