Africa-Press – Uganda. The Constitutional Court has dismissed a petition in which six people, among them the former Supreme Court judge, Prof George Wilson Kanyeihamba, were challenging the legality of bail rules.
Others are John Solomon Nabuyanda, Edrine Price Bossa, Alex Wavamunno, Ronald Williams Asiimwe, and Simon Ssenyonga.
The group was challenging the call by President Museveni for legal reform in the granting of bail for capital offenders by courts.
In a unanimous judgment, a panel of five judges ruled that the petition filed in 2021 is misconceived and improper before the court.
The court held that the redress by the petitioners may only be sought under Article 137 of the Constitution.
“In a case such as the one presently before us, where the petition raises no cause of action under Article 137(3) but rather the threatened violation of a constitutionally guaranteed right, redress ought to be sought before another competent court under Article 50(1) but not the Constitutional Court,” held Justice Monica Mugyenyi.
Other judges include Freddrick Egonda-Ntende, Elizabeth Musoke, Christopher Madrama and Christopher Gashirabake.
Justice Mugyenyi held that the petition is a statement attributed to the President and calling for legal reform in the grant of bail by courts.
In their petition, the group had sought an order prohibiting the respondents or any other persons from furtherance of any such actions that interfere with the right to bail application and release on police bond.
Another rap case
Meanwhile, the same court has dismissed a petition in which Richard Kaweesa had sued the President accusing him of infringing upon his copyright in a song titled ‘Another Rap’.
The court led by Justice Cheborion Barishaki ruled that Kaweesa’s petition raised no issue or question for constitutional interpretation.
Justice Barishaki stated that Kaweesa’s claim that his rights to a fair hearing and property were infringed upon due to the inability to have his case against President Museveni heard related to enforcement of rights and do not have to be considered since the Constitutional Court does not have jurisdiction to try matters for enforcement of rights.
In his main case, Kaweesa had sought an order compelling President Museveni to compensate him and royalties for the alleged copyright infringement, a permanent injunction to restrain President
Museveni from further infringement on his copyright and to never sing the said song again.
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