Court dismisses Lubega's case challenging Museveni letter

By Farooq Kasule   

The Constitutional Court has dismissed a petition filed by city businessman Drake Lubega challenging the constitutionality of the directive, order and instruction contained in a letter by President Yoweri Museveni dated July 20, 2011.

In the letter, Museveni purportedly ordered the Lands Housing and Urban Development minister to probe into the Buganda bus park land dispute for plot 50-52 at Nakivubo road popularly known as Qualicel bus terminal. 

A panel of five justices dismissed a case filed by Lubega because there was no issue involving the interpretation of the constitution.

They include: Justice Eldad Mwangusya, Opio Aweri, Richard Buteera, Geofrey Kiyabwire and Fred Egonda Ntende.

Through his lawyer Adam Kirumira, Lubega argued that the said letter was inconsistent with the Constitution of Uganda. 

"The president is simply urging or imploring the minister to act on  tittles if fraudulently acquired and see to it that they are cancelled" Ntende said, as he read the ruling.

In the ruling, the panel of five justices agreed that the petition was not properly presented before the court because there was no issue involving the interpretation of the constitution.

The Justices also noted that the wording therein does not appear to meet the definition of a directive or order or instruction and that the acquisition and ownership of the petition property is at heart of all the numerous pending disputes.

"We do not see a letter urging action to be a basis for constitutional interpretation under article 137 of the constitution. It is simply not enough to cite provisions of the constitution and plead that this opens a door for constitutional interpretation" Ntende said.

He further said that it seems that the petitioner wishes to apply and enforce the constitution as far as his rights to the petition property are concerned and found no jurisdiction of the court.

"We accordingly uphold a preliminary objection as to jurisdiction and dismiss the petition with costs to the third respondent, we so order" Ntende said.

The land in question belongs to Charles Muhangi, a director in the horizon coaches limited.