Court throws out Besigye terrorism case

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The Constitutional Court Monday dismissed the nine-year old petition in which he was challenging the offence of terrorism under the Penal Code Act.

In a unanimous decision of five justices of the court led by Kenneth Kakuru, they said Dr Besigye’s self-swearing in as president in 2016 was in contempt of the Supreme Court judgment, which upheld President Museveni’s election in the presidential election petition filed by Amama Mbabazi.

When the five justices of the court called the petition for the hearing, neither Dr Besigye nor his legal team were in court to prosecute it.

No reason was given for their absence either.

Victoria University

“When this petition was called for hearing, the petitioner (Dr Besigye) or his legal representation were not in court. Evidence of service on him has been showed. We agree with the request of the counsel for Attorney General and this petition is dismissed for non-appearance with no order to costs,” Justice Fredrick Egonda-Ntende ruled as he dismissed Besigye’s petition.

The other justices were Elizabeth Musoke, Cheborion Barishaki, Muzamiru Mutangula Kibeedi, and Irene Mulyagonja.

Prior to the dismissal of the petition, Charity Nabasa, a State Attorney from the Attorney General’s chambers, asked court to dismiss Besigye’s petition under Rule 23 of the Civil Procedural Act.

Nabasa said the rule demands that court can dismiss a matter where the petitioner does not show up to prosecute his/her matter after being served with a hearing notice.

Besigye’s petition was among 53 constitutional cases that have stayed in the Constitutional Court since 2011.

The petitions have been scheduled for hearing within one month effective yesterday.

Credit: Daily Monitor

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