By Okello Patrick
Uganda’s Economic Independence at Risk as Principal Judge Dr. Flavian Zeija Recalls DTB Vs Ham Enterprises File in the interest of protecting banks given the fact that he is a former banker which equally compromises the independence of the Judiciary.
Uganda’s Economic independence is very fundamental if this country is to experience full economic growth and development that touches the hearts of all Ugandans.
The recently concluded 120Bn case is one of the major milestones in this journey of attaining full economic independence.
Information reaching our desk from reliable sources indicates that the Uganda Bankers Association is rallying other associations to appeal against the commercial court judge ruling and as such they have also reached out to the Principal Judge, a former Banker who has resultantly recalled the case file not for administrative purposes but merely to give it direction in the interest of banks.
It is known that the Principal Judge is a former Banker at Finca as head of Legal and equally worked in Legal and loan recovery department at Tropical Bank of Africa, this past line of his career is what the Uganda Bankers Association want to use to overturn the case and jeopardize Uganda’s economic independence where the laws governing financial business in Uganda are faulted and the defaulters walk away with it.
This is the Second time the Uganda Bankers Association are approaching Dr. Zeija and Compromising the Judicial process and its Independence.
Previously, the Uganda Bankers through their umbrella Body UBA approached Dr. Flavian complaining that the 30% regulation in regard to the recovery process of bankers should be enforced yet we find this regulation unfair to Ugandans and unconstitutional, they added that bank cases take too long to be determined. Dr. Flavian Zeija resultantly wrote a memo to all courts instructing them to start swiftly determining bank’s cases as per the interest of the Bankers.
According to Article 138 of the Constitution, the functions of the Principal Judge are purely administrative and Supervisory over the Magistrate’s courts.
Appeals made in regards to matters determined by the High Court, go directly to the Constitutional Court/Court of Appeal, but not the Principal Judge. This has left many concerned Ugandans now wondering what the principal Judge is now doing with the File for an already determined case, when he is not the Judge handling the file or part of the Court of Appeal.
Uganda has for a long time since independence lost a lot of money in commercial bank operations involving foreign banks operating within Uganda without being supervised by Bank of Uganda meaning that these commercial bank operations do not pay the required taxes in Uganda.
Interfering with the Judiciary for personal selfish gains even for such a high ranked member of the Judicial system in these legal proceedings does not only compromise the independence of the judiciary but equally denies all Ugandans the right to Independence of the economy.
The current actions of the Principal Judge despite being a civil servant and an administrator of courts of law, renders him at fault as he has foregone his oath which is to administer justice, promote the rule of law and maintain order in society, safeguard the constitution and uphold democratic principles, protect human rights of individuals and groups.
This leaves us all wondering how a high ranking officer of the judiciary whose major duty is to safeguard the constitution and uphold justice is in support of an illegality which court has pronounced itself on in a judgement.