The Special Presidential Adviser on Defence and Security, Gen Caleb Akandwanaho, aka Salim Saleh (L) shakes hands with outgoing Chief of Defence Forces (CDF), Gen Wilson Mbasu Mbadi (C) as his successor, Gen Muhoozi Kainerugaba (R) looks on. PHOTO/ HANDOUT
The independence of the Judiciary, which acts as the last bastion of justice, will face scrutiny after a suit filed before courts of law alleges that the appointment and roles of three First Family members contravene various provisions of the Constitution.
The trio, which includes the First Lady, who is also the Education Minister, Ms Janet Kataaha Museveni; the President’s son, Gen Kainerugaba Muhoozi, who is the Chief of Defence Forces (CDF); and the President’s brother, Gen Salim, who is likened to an eminence grise by the petitioner—are accused of turning Uganda into a feudal state run by an authoritarian family enterprise.
The Attorney General, Mr Kiryowa Kiwanuka, is listed as the fourth respondent in the suit.
Mr Gawaya Tegulle, who describes himself in the petition as ‘an advocate, a journalist and a conscientious objector’ amongst others, through Thomas & Michael Advocates, filed the petition before the Constitutional Court on Friday.
The Constitutional Court is clothed with original jurisdiction in the interpretation of the Constitution under Article 137 of the Constitution.
Article 137(3)(a) provides that a person who alleges that an Act of Parliament or any other law or anything in or done under the authority of any law; or under Article 137(3)(b) any act or omission by any person or authority, is inconsistent with or in contravention of a provision of this Constitution, may petition the constitutional court for a declaration to that effect, and for redress where appropriate.
Mr Tegulle proffers: “The entrenchment of family rule in Uganda by the First Family has the object or effect of turning Uganda from a republic into a monarchy-cum-oligarchy or feudal state or generally some authoritarian entity in which one family is, for all intents and purposes, firmly established as lords and kings or royalty by whatever name called, while citizens, to whom all power belongs, as per the Constitution, are turned into nothing more than vessels.”
He adds: “…And having other members of the First Family in critical areas of the state machinery, wielding power and accessing state resources; all this is a manner that lacks transparency and defies accountability, and has the effect of creating and entrenching family rule, thereby turning the state into a personal or family enterprise.”
According to the petitioner, this amounts to undemocratic, anti-competitive, nepotistic, corrupt, and unconstitutional, and amounts to the capture of state power.
“…Turning Uganda from a republic into an oligarchy, feudal state or at any rate, an authoritarian entity, by the respondents (Janet, Gen Muhoozi, and Gen Saleh), offends Article 5 (1) of the Constitution,” he contends.
Use of the word Bazzukulu
Mr Tegulle is also aggrieved with the coinage of the word Bazzukulu (loosely translated to mean grandchildren) often used by President Museveni during social media posts, which he says are meant to patronise citizens.
“The crafting or coining of the concept of Bazzukulu and the use thereof by His Excellency the President and the First Family, and agents of the President, the First Family, and the ruling party, has the object and/or effect of creating an anti-accountability narrative that alters the relationship of His Excellency the President and his family on one hand, and the citizens of Uganda on the other, by transforming the said relationship from that of a person holding office in trust for the people of Uganda and therefore being accountable to them; to one of a father and his children and grandchildren on the other, thereby negating the accountability obligation, entrenching family rule,” he says.
The petitioner further argues that Section 15 (1)(c) of the Uganda Peoples’Defence Forces (UPDF) Act that establishes the High Command—the apex of the UPDF hierarchy— contravenes articles 1,2 and 208(2) & (3) of the Constitution.
The composition of the highest organ of the army consists of the Luweero Bush War comrades including the Commander in Chief, Gen Yoweri Museveni, his brother Gen Saleh, Gen Elly Tumwine, Gen David Sejusa and Maj Gen Kyaligonza Matayo.
The other members of the High Command include the former deputy army commander, Fred Gisa Rwigyema, who died during the early days of the Rwanda liberation struggle in 1990, the late Brig Taddeo Kanyankole and the late Honorary Brig Eriya Kategaya, who served as the first deputy Premier.
Mr Tegulle claims that the UPDF High Command is not a professional army but a Praetorian guard that remains tethered to the bush-war doctrine and is controlled by kith and kin. “..occasions state capture and offends Articles 1,2 and 208 (2) & (3) of the Constitution.”
Mr Tegulle apportions blame against each of the sued members of the First Family as follows;
Janet Museveni
The petitioner avers that as the Education minister, Ms Museveni is accused of the weighty responsibility of providing meaningful, inspiring, and effective leadership to Ugandans in a very strategic area of education to benefit the people of Uganda.
The petitioner says such a minister is answerable to the people of Uganda through their elected representatives in Parliament, which she is snubbing.
“The chronic failure of the 1st respondent (Janet Museveni) to attend Parliament to face the representatives of the people and be held accountable as minister of education and sports is unconstitutional as it offends Objective XXVI and Articles 1 and 2 of the Constitution,” Mr Tegulle states.
In November 2021, Ms Museveni abruptly called off a meeting with MPs on the Education Committee scheduled at Kololo Independence grounds to discuss the reopening of the schools' reopening, which had been closed to prevent the spread of COVID-19.
The cancellation came on the heels of protests by a section of MPs, especially from the Opposition who accused Ms Museveni of relying on arbitrary powers to summon the Legislature.
The Leader of Opposition in Parliament, Mr Mathias Mpuuga, did not attend the meeting on the basis that it violated the sanctity and independence of Parliament.
He suggested that Ms Museveni meet the MPs at Parliament’s car parking.
Then Speaker of Parliament, the late Jacob Oulanyah, had implored MPs to agree to meet Ms Museveni at the Kololo Independence grounds as part of the safety measures to prevent the spreading of the Covid virus.
Ms Irene Kauma, the personal assistant to the First Lady, when contacted last evening, said it’s not true that her principal has not been appearing before Parliament. She also asked whether there was any law that bars a senior Cabinet Minister from delegating their junior.
“She used to attend religiously before Covid-19 struck but because of the SOPs that came along, that is when she stopped attending,” Ms Kauma said by telephone.
She added: “Is there a law that prevents a senior minister from delegating her juniors? But she has not completely abandoned attending, she does on certain occasions.”
Gen Muhoozi
The petitioner accuses the Chief of Defence Forces (CDF) of not meeting the ‘fit and proper person’ to hold the lower office of Commander Land Forces, a position he previously held before he was dropped in October 2022 and promoted to the rank of General.
It came at the peak of a diplomatic tiff between Uganda and Kenya after the CDF was accused of posting disparaging remarks about the neighbouring state on his Twitter account.
Mr Tegulle claims that Gen Muhoozi “entertained sentiments scandalous to the UPDF and exhibited conduct prejudicial to the national and regional security, thereby being relieved of the office of commander land forces and that this is not consistent with the hallmarks of a professional army that is accountable to the people.”
“The promotion of the 2nd respondent (Gen Muhoozi) to the highest rank in the army at the present and further, his appointment to the highest office in the army, despite the manifest illegitimacy of his actions and his glaring lack of suitability for high office, falls short of the standard expected to be observed in a professional army; and his subsequent conduct since assuming office only serves to confirm his unfitness for the office, and breaches the Constitution,” the petitioner avers.
He adds: “The ascent of the 2nd respondent (Gen Muhoozi) to the higher rank and the highest office in the army, just because he is a son of the President and Commander in Chief, with a deliberate overlooking of his obvious shortcomings and a corresponding disregard of more competent and suitable officers within the UPDF, is inconsistent with the constitution. The tweets proceedings this promotion to the highest military office show an unfortunate sense of entitlement which falls short of what is expected of a professional army, thereby making his overtures and his appointment unconstitutional.”
Gen Saleh
The younger brother of President Museveni has been sued for welding executive or quasi-executive authority outside the officialdom structures “coupled with his seemingly unbridled access to state resources which he dishes out as handouts with the aura of a political Santa Claus and that the same has no recognised criteria applied objectively to recipients who are all seen bowing before the regime in power in order to get favours.”
Attorney General
The Office of the Attorney General that is currently occupied by Mr Kiryowa Kianuka has also been sued because the Attorney General, in his capacity as the chief government legal adviser, allegedly did not do his job well of legally advising the President and UPDF.
“Failure or omission of the 4th respondent (Attorney General) to subject the President, the UPDF, and the government generally and the respondents in particular, to a meaningful advice amounts to a declaration of statutory duty and offends the Grundnorm,”Mr Tegulle states.
Mr Kiryowa said he has not yet read the petition before describing Mr Tegulle as “not being busy person.”
“I think he is not busy and he is looking for what to do. The prevailing peace in the country has accorded him time to come up with this. Well, I can’t comment since I have not read the petition but I think his petition is redundant and we shall make our responses when that time comes,” Mr Kiryowa said.
Mr Tegulle is now seeking redress from the court that in the interest of Ugandans, the omissions, actions, and conduct of the First Lady, Gen Muhoozi, Gen Saleh, and the Attorney General be declared unconstitutional and illegal.
This, he says, “will then redeem the sanctity of the Constitution and save the country from plunging back into the abyss that the preamble of the Constitution aptly describes.”
He also wants the court to compel the First Lady in her capacity as the Education minister to respect the Constitution and the citizens and attend Parliament sessions as regularly as required.
He also wants “Ms Museveni to answer questions posed to her by the representatives of the people, failure to which she is required to relinquish the office of the Minister of Education.”
Other declarations sought by Mr Tegulle are Section 15 (1)(c) of the UPDF be struck off the statute and sober, democratic criteria be established for the selection of the UPDF High Command, in a manner befitting a professional army as envisaged under Article 208 of the Constitution; the current rank of Gen Muhoozi be recalled and he tentatively resumes the rank of Lieutenant General, pending review by the relevant organs of the UPDF.
He also wants the office of the CDF declared vacant and available for grabs by competent, worthy officers of the UPDF who ascend to the high seat by competence, not based on “connections or biological coincidence.”
Mr Tegulle wants Gen Saleh to give a full account of himself to the citizens where he derives authority to exercise executive power and also under what authority he obtains state funds.
The petitioner seeks full accountability for public funds Gen Saleh spent under various offices he has held including Operation Wealth Creation(OWC).
State House responds
Mr Sandor Walusimbi, the State House spokesperson, last evening said he can’t comment on behalf of the sued people because he is not their official spokesperson. But he was quick to say: “It’s his right (Mr Tegulle) to go to the court and seek redress.”
Senior constitutional lawyer Peter Walubiri said the sued individuals are very powerful in the country but not above the law. He called upon the Judiciary to quickly accord the petitioner the nearest date such that he could present his case since constitutional matters are supposed to be determined quickly.
“Once a matter is filed in court, the court has a duty to hear it. The cases especially the constitutional ones are supposed to be heard expeditiously but courts have routinely abused that command and take five, seven, or even more years to hear cases,” Mr Walubiri said.
He added: “I know these are very powerful people in the country but they certainly, are not above the law and the Judiciary should give Mr Tegulle a hearing date such that he is heard and also the sued parties too.”
