Prime
DPP recalls files of protesters for review
DPP Jane Frances Abodo
What you need to know:
This publication was unable to establish what could have prompted the chief government prosecutor to recall the files though several constitutional lawyers had poked holes into the charges of being idle and disorderly and being a common nuisance as being archaic and colonial
The Director of Public Prosecutions (DPP), Justice Jane Frances Abodo, has recalled case files of close to 100 demonstrators who were arrested and arraigned before several courts in Kampala City on Tuesday and Wednesday for allegedly taking part in the anti-corruption march to Parliament.
This publication was unable to establish what could have prompted the chief government prosecutor to recall the files though several constitutional lawyers had poked holes into the charges of being idle and disorderly and being a common nuisance as being archaic and colonial.
“The Director of Public Prosecutions has called for the case files for review, and will make the final decisions in respect of the matters,’’ Ms Jacquelyn Okui, the spokesperson of the Office of the DPP, said on Wednesday evening.
When asked why the DPP had to recall the files, Ms Okui said: “Usually the DPP’s review of a file involves review of evidence and decisions that have already been made.”
In the past two days, close to 100 demonstrators were arraigned before Buganda Road Chief Magistrate’s Court, City Hall, and Nakawa Courts and charged with the offences of being a common nuisance and being idle and disorderly. The suspects denied the charge and were sent behind bars until early next month.
About common nuisance
Section 148 of the Penal Code defines the offence of common nuisance as “Any person who does an act not authorised by law or omits to discharge a legal duty and thereby causes any common injury, or damage or danger or annoyance, or obstructs or causes inconvenience to the public in the exercise of common rights, commits the misdemeanour termed as a common nuisance”
The same section spells out the punishment for the same offence as up to a one-year jail term on conviction.
Dr Kabumba Busingye, a constitutional law don at Makerere University, said colonial laws on rogue and vagabond have since been struck down by the Constitutional Court.
“The offence of being idle and disorderly was not technically annulled by the Constitutional Court in Tumwesigye Francis Vs the Attorney General but it’s the law of being a rogue and vagabond. However, they’re similar laws and technically speaking, the spirit of the law is the same,’’ Dr Kabumba said.
Likewise, human rights lawyer Nicholas Opiyo said it was disturbing for the police to charge people with being idle and disorderly yet they had notified them about their activity prior. He said these kind of laws usually target poor people.
In 2022, the Constitutional Court nullified the law of being rogue and vagabond.
