Judge refers Akamba's human rights case to constitutional court
Busiki MP, Paul Akamba listens to proceedings during his ruling at the Supreme Court in Kampala on October 01, 2024. PHOTO/ ISAAC KASAMANI
What you need to know:
- The Presiding Judge Lawrence Gidudu declined to drop the charges against Mr Akamba and instead temporarily halted his trial together with his co-accused pending the determination of the Constitutional Court .
The High Court in Kampala has referred a human rights application that was filed by Busiki County, Namutumba Member of Parliament Paul Akamba to the Constitutional Court for determination.
In his application, Mr Akamba who is accused of seeking for 20% kickback from the chairperson of Uganda Human Rights Commission (UHRC) on a budget allocation had wanted the court to drop his corruption charges on claims that he was tortured.
However, in his ruling on October 1, the presiding judge Lawrence Gidudu declined to drop the charges against Mr Akamba and instead temporarily halted his trial together with his co-accused pending the determination of the Constitutional Court .
His co-accused are Yusuf Mutembuli (Bunyole East, Butaleja District) and Cissy Namujju Dionizza (District Woman representative of Lwengo.
“I have given considerable thought to this matter and come to the conclusion that whilst several cases have interpreted the meaning of a fair trial in relation to the rights of an accused, I have not benefited from any interpretation of Article 28 of the Constitution in relation to the rights of the victims or society which are larger than the accused,” Justice Gidudu held.
“Consequently, I am of the view that the matters canvassed by the respondent (Attorney General) which are questions of law that involve substantial questions of law need to be interpreted by the Constitutional Court before this court is guided on how to proceed,” he added.
Among the questions that the court made a reference to the Constitutional Court to determine include; whether the provisions of sections 7, 8 and 11(2) of the HREA (Human Rights Enforcement Act), Cap 112 which mandate the trial court to nullify a trial and acquit an accused without taking evidence in a trial violates the right to a fair hearing in Article 28 of the Constitution and whether a victim of crime or society has a right to a fair hearing in Article 28 of the Constitution.
The judge also declined to stop another separate trial against Mr Akamba in which he is accused of theft of over Shs3.4 billion together with the former Permanent Secretary in the Ministry of Trade , Industry and Co-operatives Geraldine Ssali Busulwa and four others in another court citing lack of jurisdiction.
Before justice Jane Kajunga Okuo, Mr Akamba is accused of conspiring with Ms Ssali, other MPs Michael Mawanda (NRM, Igara East), Ignatius Mudimi Wamakuyu (Elgon County) , lawyer Taitankoko and Mr Leonard Kavundira Principal Cooperative Officer from the Ministry of Trade, Industry and Cooperatives to defrauding government of Shs3.4 billion which was intended to compensate war victims for Buyaka Growers Co-operative society.
“For avoidance of doubt, this reference and orders of stay are confined to session case number 4 of 2024. My court has no jurisdiction to determine how a trial before another judge in a different case should be handled. Although the applicant had sought action to be taken in criminal session case 6 of 2024, I am unable to do so because I am not seized of the matter,” Justice Gidudu held.
