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Corruption Suspect MP Akamba’s Human Rights Concerns Forwarded to Constitutional Court
Kampala, Uganda | THE INDEPENDENT | The Anti-Corruption Court in Kampala has referred Busiki County MP Paul Akamba’s application seeking to dismiss corruption charges against him over alleged human rights violations to the Constitutional Court for determination.
In his decision on Tuesday, the Anti Corruption Court Judge Lawrence Gidudu declined to set Akamba free from corruption charges for which he is jointly charged with two other MPs and instead sent his matters to the Constitutional Court for it to determine two legal questions.
The questions for interpretation are: Whether the provisions of some sections (7,8 and 11(2) ) of the Human Rights Enforcement Act 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 ; and whether a victim of crime has a right to a fair hearing in article 28 of the Constitution.
Akamba who is jointly charged with Lwengo District Woman MP Cissy Namujju Dionizia, Bunyole East MP Yusuf Mutembuli for soliciting a 20 percent bribe from the Uganda Human Rights Commission to influence the passing of its budget, asked the court to drop charges against him on the basis that his human rights were violated during and after his re-arrest more than two months ago and that he was also tortured.
Through his lawyer Jude Byamukama, the accused told the Court that he was rearrested on June 14th 2024 shortly after securing bail in the lower court, detained in an ungazetted facility for seven days before he was produced in Court on other charges.
Akamba was rearrested by security personnel outside Court premises after securing bail at 13 million shillings. He was later charged with others including MPs Michael Mawanda, Mudimi Wamakuyu, Trade Permanent Secretary Geraldine Ssali Busuulwa, Ministry of Trade official Leonard Kavundira and Lawyer Julius Kirya Taitankonko who are all out on bail on bail.
They are accused of conspiring to defraud Buyaka Growers Cooperatives Society Limited of more than 3.4 billion shillings meant for compensation as war victims. Akamba in total paid 98 million shillings to secure temporary freedom last month from the three Judicial officers he appeared before in a period of more than 60 days he was in prison.
On his part, the Attorney General who was listed as the only respondent in this case through State Attorney Jackie Amusugut asked the court to dismiss the application on grounds that Akamba was never tortured and that he was also given meals while in state custody . The State further states that Akamba was taken for his own safety because there were Anti corruption protests in the city for which some of his supporters never wanted him to participate in, and as such, there was a scuffle and security only came in to take him reportedly for his own safety not to be harmed by the public.
However in his ruling, Justice Gidudu declined to drop the charges against Akamba and instead temporarily halted his trial together with his co-accused pending the determination of the Constitutional Court.
The Judge has explained that he has given this case a considerable thought and has come to the conclude that while several cases have interpreted the meaning of a fair trial in relation to the rights of an accused person, he has 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.
“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,” said Gidudu.
In the same decision, Justice Gidudu has declined to stop another separate trial against Akamba in which he is accused of theft of more than 3.4billion together with the former Permanent Secretary in the Ministry of Trade, Industry and Co-operatives Geraldine Ssali Busulwa and four others in another court saying that he has no powers to order another Judge on how a case should be handled.
“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,” said Gidudu.
Gidudu who is the head of the Anti Corruption Court has also ordered that MPs Akamba, Mutembuli and Namujju should keep reporting to the Registrar of the High Court on a monthly basis effective November 1st 2024.
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