Prime
Budget graft case: Court halts trial of 3 MPs amid rights concerns
UHRC chairperson Mariam Wangadya (inset) testifies in court on August 8, 2024 as the accused MPs Cissy Namujju, Paul Akamba and Yusuf Mutembuli stand in the dock at the Anti-corruption court. PHOTO/JULIET KIGONGO
What you need to know:
- According to the presiding judge, progress in the matter is being halted by the operation of the law.
High Court in Kampala has temporarily stopped the corruption trial of three Members of Parliament (MPs) accused of seeking a 20% kickback from the Uganda Human Rights Commission (UHRC) boss in order to enhance its budget.
Presiding judge Lawrence Gidudu prematurely stopped the trial after one of the accused MPs, Paul Akamba (Busiki County, Namutumba), filed an application of violation of his human rights against the attorney general (AG)- which court said must first be determined before the case proceeds.
“The applicant wants his trial declared a nullity. Those matters have to be interrogated by court by giving him a hearing to prove those issues. The person to respond to those issues is the AG,” justice Gidudu ruled.
According to him, progress or lack of it in the matter is being halted by the operation of the law.
“I am aware that the two other persons are not part of this application but they are being jointly tried on the same case . Section 8(1) says that where in any proceedings in the high court a question arises as to a violation of a fundamental right or freedom, a presiding judge shall immediately stay the proceedings and determine the question raised.”
The judge further remanded Akamba until August 23 to present his application with directives of serving the AG with the application of August 14 and the additional affidavits filed by August 16. Bail was extended to October 30 for the other two MPS.
Akamba is jointly charged with Yusuf Mutembuli (Bunyole East, Butaleja District) and Cissy Namujju Dionizza (District Woman representative of Lwengo).
In his application Akamba states that shortly after he was granted bail on June 14, 2024, he was abducted from the court premises with impunity by state agents donned in plainclothes, disguising in masks and caps, wielding assault weapons and pistols.
He further stated that he was held incommunicado for seven days in an ungazetted place while being subjected to torture or inhumane treatment or punishment and that the Director of Public Prosecutions was complicit as the agent of AG in his unlawful re-arrest .
“That due to the gross violations of non-derogable rights, the applicant cannot have a fair trial in respect of the charges leveled against him and therefore the resultant two different criminal trials are a nullity,” reads in part Akamba’s application.
He seeks the dismissal of his two trials, general damages for the gross and blatant violations and AG to be condemned to punitive damages for the infringement of his rights.
Prosecution maintains that the trio on May 13 at Hotel African in Kampala, solicited an undue advantage of 20% from UHRC chairperson Mariam Wangadya, of the anticipated enhanced budget of the Commission for the FY2024/25.
The Director of Public Prosecutions (DPP), further stated that the MPs did this by asserting that they were able to exert improper influence over the decision-making of the Budget Committee of Parliament to increase the Commission's budget, in consideration of the said undue advantage.
All the accused MPs have since denied the said corruption charge that attracts a 10-year maximum jail term upon conviction or a fine of Shs4.8m or both.
