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Presidential appointees have no immunity - Constitutional Court
Ex Vice president, Prof. Gilbert Bukenya leaving Constitutional Court Wednesday shortly after court ruled that Presidential appointees are not immune to prosecution. PHOTO BY ANTHONY WESAKA
Presidential appointees have no immunity from civil or criminal liability over their personal acts while performing duties and functions office of the president, the Constitutional Court has declared.
The court explained that the law provides for immunity for only the president alone who is vested with and exercises the executive authority and that nobody can assume the role while there is a sitting president.
“Thus no else, not even the president who delegates or assigns duties can grant that immunity to anyone else,” held a panel of five justices by Deputy Chief Justice Alice Mpagi Bahigeine who unanimously agreed that the vice president is not covered under the law providing for immunity. Other justices are; Steven Kavuma, Augustine Nshimye, Stella Arach Amoko and Remmy Kasule.
The Court Wednesday dismissed a petition in which the former Vice President was challenging his trial by the Inspector General of Government (IGG) before the Anti-Corruption Court for his alleged role in the 2007 Chogm car deal scandal and ordered for the file to be remitted back to the trial court to proceed with the trial.
Prof. Bukenya had petitioned the court seeking to block the IGG and the Director of Public Prosecutions from prosecuting him before the Anti-Corruption Court.
He had argued that his actions during the purchase of the 2007 Chogm vehicles were undertaken on behalf of the President who is immune to prosecution.
In June this year, the ex-vice president was charged over the decisions that were taken when he chaired a Cabinet sub-committee meeting between July 2006 and November 2007 that awarded the contract to supply 80 Units of BMWs and 1200 RT Police outrider motor cycles used in Chogm to Motor Care Uganda.
He is jointly charged with Motorcare (U) Ltd, the company that supplied the 204 executive vehicles. Prof. Bukenya is facing charges of abuse of office while Motorcare is accused of fraudulent practice.
The IGG alleges that the Shs9.4 billion Chogm car deal was awarded to Motorcare (U) Ltd under the 'personal' influence of Prof. Bukenya without going through proper tendering process.
The Head of Legal Department of the IGG, Mr Sydney Asubo said: “We are going to bring the decision to the attention of the trial court to fix a date such that we proceed from where had stopped.”
But prof. Bukenya’s attorneys; Mr Ben Wacha and Macdosman Kabega could divulge on the next plan of action. “We are going to study the judgment but we shall have to wait for further instructions from our client because it is his case,” said Mr Wacha.
The court held that victimization or unequal treatment before the law with disfavor is contrary to the established principles of criminal justice system and unsustainable.
