Citizen sues govt over proposed Luzira Prison relocation

A citizen has sued the government, challenging the alleged move to relocate Luzira Prison to Buikwe District in a bid to pave the way for a commercial investment.

Mr Deus Arinaitwe has sued the Attorney General (AG), who is the chief legal adviser of the government, seeking orders and declarations that the actions of the accused parties are illegal.

He asserts the move also threatens the rule of law and good governance as it breaches the principles of ownership and compulsory acquisition of land under the law.

He sued the AG jointly with the investment company, Tian Tang Group Holdings Limited.

READ: Museveni allows replacement of Luzira Prison with five-star hotel

Mr Arinaitwe wants court to intervene and halt the relocation exercise.

He also seeks a declaration that the ongoing negotiations and discussion by the minister of Internal Affairs into the relocation of Luzira prison as directed by the President violate Article 26 of the Constitution on the right to own property.

Rationale for petition

“A declaration that the second respondent’s (Tian Tang Group Holdings Limited) intended acquisition and redevelopment of Luzira Prison into Uganda International Conference Centre and Commercial Hub through the President is illegal,” reads the complaint that is also seeking a permanent order against the transfer, acquisition, relocation of Luzira Prison.

 Mr Arinaitwe bases his claims on a July 10,2022 letter in which President Museveni purportedly wrote to the Minister of Internal Affairs regarding the relocation of Luzira Prison.

 He alleges that the President had no mandate, or authority to direct the negotiation into the relocation and acquisition of Luzira prison hence the said directive is illegal and unconstitutional.

Mr Arinaitwe contends that the process and procedure adopted by President Museveni and Tian Tang Group Holdings Limited for the commencement of the processes for the relocation and acquisition of the Luzira prison land is illegal and contrary to the provisions of the Constitution.

Describing himself as a concerned member of the society with sufficient interest in the subject matter with the need to seek justice, Mr Arinaitwe asserts that the rule of law stands to be tested and abused if a precedent is created where the President can direct for private acquisition of land by a private body without following the duly laid down legal procedures.

“That this is not the first time that the President is giving out land to investors without following the due process as enshrined in our laws. That I am informed by my lawyers that the President has no power to give land to anybody, save when conditions for compulsory acquisition are followed,” Mr Arinaitwe states in a sworn statement.

He alleges that the giving away the land where Luzira Prison is situated to Tian Tang Group Holdings Limited for the construction of the Uganda International Conference Centre and Commercial Hub does not fall under the conditions for compulsory acquisition of land. 

“That the second respondent’s actions are further an abuse of public institutions and arms of government such as the Executive since the second respondent is manipulating and using the offices of the minister of Internal Affairs and Office of the President to engage in lobbying and negotiations intended for the personal and private gain of Tian Tang Group Holdings Limited contrary to the actual roles of the said public offices,” Mr Arinaitwe claimed.

Meanwhile the AG and Tian Tang Group Holdings Limited are yet to file their defence. 

Documents filed in court show that Uganda Prisons Service has since identified a 3.5 square mile of land in Buikwe District out of which they agreed to purchase one square mile for the said relocation.

In a February 22, 2024 letter to the AG, the Minister of Internal Affairs, Maj Gen Kahinda Otafire, called for a meeting to discuss the matter and to seek consent of the AG to have the proposal actualised.