World coffee prices rise 7.1 percent in June- ICO report
July 3, 2019
Car dealer Muhammad Ssebuwufu files appeal over 40-year sentence for murder of client
July 3, 2019
By George Mangula
The defense lawyers representing the jailed Makerere University researcher, Dr Stella Nyanzi, say they will be appealing a ruling of Buganda Road Court Grade One Magistrate in which she declined to summon President Yoweri Museveni as a key and number one witness in a cyber harassment and offensive communication case against their client.
The lawyers led by Issac Ssemakade have informed the magistrate Gladys Kamasanyu today that they are dissatisfied with the ruling because she did not give them time to argue their reasons for wanting President Museveni as a defense witness despite President Museveni being also the complainant.
Ssemakade has explained that they have crucial reasons and believe that President Museveni’s defense despite being also the complainant is very crucial to having their client freed and that he has been left with no choice but to seek a higher court over the matter.
Last week, Nyanzi through her lawyers Isaac Ssemakadde and Derrick Bazekuketa requested the court to summon 20 witnesses including Museveni as defence witnesses.
However, Magistrate Kamasanyu on Monday ruled that the President cannot be subjected to any court proceedings while still in office and summoning him amounts to the breach of the Constitution.
“It breaches the Constitution of this mighty country to summon the President to this court. Witness summons will be issued to the rest of the 19 witnesses but not to the president,” Kamasanyu ruled.
Kamasanyu noted that the sitting President is a competent witness but not a compellable one and court cannot issue summons compelling him to appear before it.
“The president may, however, appear voluntarily if he so wishes, but this court shall not summon him because it is against the law and the constitution of this mighty country Uganda.
Therefore your application is hereby ruled out,” Kamasanyu said.
Article 98(4) of the Constitution states that the President shall not be liable to any proceedings in any court while still in office.
