CHOGM Ministers Trial: Baku Goes To Supreme Court
Acting Inspector General of Government (IGG) Raphael Baku has petitioned the Supreme Court challenging the Constitutional Court’s ruling that he does not have powers to prosecute public officials over corruption.
Baku tells Chimpreports.com the Constitutional Court ruling that barred him from prosecuting Ministers Sam Kutesa, John Nasasira and Mwesigwa Rukutana simply because the inspectorate is not fully constituted, renders him toothless in the fight against corruption.
The trio faces corruption charges for causing government loss of billions of shillings during preparations for the 2007 Common Wealth meeting in Kampala.
In their ruling last week, Deputy chief justice Alice Mpagi Bahigaine and Justices Stella Arach Amoko Justice Steven Kavuma, Augustine Nsimye and Remmy Kasule said the Inspectorate is not dully constituted as required by the constitution.
They further stated that by acting alone to commence proceedings against the ministers suspected of corruption, abuse of office and causing financial loss, Baku was totally breaching the Constitution.
The ruling has since triggered significant public debate, with politicians blaming President Yoweri Museveni of condoning corruption by not appointing a substantive IGG for a staggering two years.
While meeting European Union delegates at State House Entebbe recently, Museveni said he was hesitant to appoint an IGG fearing “a game ranger who would instead turn into a poacher.”
Baku says the judgment, among others, declared that when the inspectorate is not fully constituted with two deputy Inspector Generals, it cannot cause prosecution under 230 of Constitution.
"The IGG, which has stepped up its prosecution function with view of effectively dealing with scourge of corruption is aggrieved by the said decision,” says Baku.
“We have accordingly decided to appeal the decision to the Supreme Court. A notice of appeal has been filed. He further clarified that the decision of Constitutional Court did not amount to acquaintance of accused persons; neither did it amount to discharge or dismissal of cases against them,” adds Baku.
“We have as well forwarded the accused ministers’ files to the Director of Public Prosecution.”
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Updated on 2013-05-09 09:25
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