The Uganda Law Society (ULS), together with the President of the National Unity Platform (NUP) party, Robert Kyagulanyi Ssentamu, have condemned the unlawful re-arrest of the Busiki Member of Parliament (MP), Paul Akamba, describing the act as the return of dark days to violent interference of the judicial process by the armed security operatives.
According to Bernard Oundo, the President of the Uganda Law Society, Akamba’s re-arrest was unconstitutional and violated the rights of the accused.
“This appalling incident marks an alarming return of the dark days of violent interference in the judicial process by armed security operatives in blatant disregard of court orders granting accused persons bail and further in violation of the constitutional rights of the accused persons as well as the independence of the judiciary,” Oundo said.
Kyagulanyi said that Akamba’s re-arrest should be an eye-opener to the NRM MPs who have been reluctant to stand up for the rule of law in Uganda, stating that if the law does not protect a member of the opposition, neither will it protect them when they need its protection.
“We must collectively fight to put an end to this blatant abuse of rights,” Kyagulanyi said.
According to Oundo, Akamba’s abduction in violation of the court order granting him bail is unconstitutional as it violates his rights to liberty, a fair hearing, and the presumption of innocence.
He added that it is also an affront to the independence and authority of the judiciary in Uganda, which are guaranteed by Article 128 of the Constitution of Uganda.
“It should be recalled that in November 2005 and March 2007, armed state security agents violently invaded the High Court premises to prevent the lawful release of accused persons and to unlawfully take them into custody notwithstanding the court orders granting them bail. This conduct on both occasions was declared by the Constitutional Court of Uganda to be unlawful and in contravention of the constitutional rights of the accused persons as well as the independence of the judiciary, amongst other judgments, Constitutional Petition No. 18 of 2005, Uganda Law Society vs Attorney General, and Constitutional Petition No. 7 of 2007, Dr. Kiiza Besigye and others vs Attorney General,” he added.
Kyagulanyi revealed that in 2021, when MPs Ssegirinya and Ssewanyana were abducted as they got out of prison, they had just paid cash bail of UGX 20 million each. They spent close to two years in jail after that.
Akamba, who is among the three embattled NRM lawmakers over gross corruption, was violently abducted by masked and plain-clothed gunmen after he had been granted Ugx 13 million cash bail and Ugx 100 million non-cash bail. He was bundled into a motor vehicle and driven away to an undisclosed location. Police and CMI have yet to issue a statement on the Comers controversy.
