May 1, 2024

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Equality opinion

Court Refuses to Halt Museveni’s Suit Against Daily Monitor

President Yoweri Kaguta Museveni


An software to remain/halt courtroom proceedings in regard of a go well with submitted by President Yoweri Museveni towards the Day by day Keep an eye on Newspaper pending the resolve of a constitutional petition submitted by the newspaper’s lawyers Counsel James Nangwala and Counsel Mugweri Nangwala has been denied by Justice Musa Ssekaana at Higher Courtroom Kampala.

The background of this situation is that the plaintiff, Yoweri Kaguta Museveni through his attorney, Edwin Karugire of K & K Advocates sued Monitor Publications Constrained, the organization that owns the Daily Monitor Newspaper and the editor in main (defendants) of the publication for defamation.

On 23rd February 2021, a tale was ran by the Day-to-day Observe newspaper entitled “Museveni inner circle Bought Covid Jabs – US Paper.”

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The tale which is nevertheless available on the internet was based mostly on a report by the US Newspaper, Wall Street Journal and claimed that “People near to President Museveni have reportedly been given jabs of China’s Sinopharm Covid-19 vaccine months forward of health and fitness employees and other vulnerable teams.”   

The compound of the tale was that members of the President’s ‘inner circle’ were secretly vaccinated in opposition to Covid-19 ahead of the then precedence groups of frontline overall health staff.

President Museveni statements in his accommodate that this is not accurate and that it is soiling his standing prior to appropriate contemplating users of the society.

The President argues the tale introduced him as a dishonest man or woman who has abused his place of work as head of condition.

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“It have been comprehended to necessarily mean that the plaintiff has abdicated his duties and obligations to frontline health employees combating COVID-19 and other teams that are susceptible to the pandemic. The plaintiff can not be reliable with the high place of work of the President of the Republic of Uganda” Museveni’s suit reads, in accordance to the Observer.

Watch Publications Restricted filed a constitutional petition challenging the constitutionality of the go well with provided the president is clothed with constitutional immunity from becoming sued.

The newspaper wonders no matter whether there will be equality concerning the events to the fit contemplating the plaintiff is the president of Uganda who simply cannot be sued because lawfully the suitable to sue arrives along with the correct to be sued.

They also want the constitutional courtroom to discover out if the president can truly file proceedings in courtroom.

They pleaded with the High Court docket to await the resolve of the constitutional petition prior to the defamatory go well with is established down for hearing.

In his ruling, Justice Ssekaana Musa stated that granting the application to remain proceedings would motivate litigants to delay proceedings by hurrying to file proceedings in the Constitutional Courtroom and this would clog the constitutional court docket exactly where the petitions would be filed but also the Superior Courtroom due to the fact the situations ahead of it would be brought to a halt however filings continue day-to-day.

This would in transform market case backlog.

” The defendants’ counsel’s argument that the filing of a constitutional petition must end result in automated stay of proceedings in the reduce courtroom would be abused by legal professionals or litigants who intend to frustrate the hearing. The Court’s energy to exercise discretion to keep court proceedings right before it can be exercised judicially and in community interest. The exact same should really not be employed to trigger delay hearings or incovenience to the other occasion or consequence in community mischief.” The Choose dominated.



Lydia Etti Ajwang

Writing to make it suitable, Lydia Etii Ajwang is a Attorney in Non-public Follow.