Besigye Case: Government Challenges Kasangati Court Jurisdiction

Deputy DPP Carolin Nabaasa shares moments outside Kasangati court with Counsel David Mpanga

A goal each from Mandela and Bayo plus a double from Edrisa Lubega was enough for Proline Fc to ease past Wandegeya Fc in one of the eight games played in the Fufa Big league on Thursday 17th afternoon.

The win maintains Proline twelve point gap from second placed Kirinya Jinja Ss who picked an away win at the Masaka recreation center against Synergy FC. Musa Magumba grabbed the winner.

Coach Makumbi’s hopes of taking Entebbe FC to the playoff zone continued to dim following a scrappy 2-1 loss away to Relegation threatened Sun city in Nyakasinga, there pills Kasese. The win for the debutants push them three points from the red zone.

The other game in Rwenzori saw Wakiso United defeat Citizen FC 2-1 at home.

Elgon Group
In Lira, rx Diara’s 45th minute penalty and Emma Ongom’s 60th minute strike saw Sporting United cut the gap with table leaders Onduparaka Fc to only three points. Both teams have now played 17 games Onduparaka FC standing on 38 points.

Artland Katale posed the biggest victory of the day thumping Bukedea TC FC 6-0 at the Mashariki grounds in Entebbe.

FUFA Big League Results:

Elgon Group :

Ndejje University F.C 3 -2 Paidha Black Angels F.C

Artland – Katale F.C 6-0 Bukedea Town Council F.C

Sporting United F.C 2 – 0 Water F.C

Rwenzori Group:

Sun City F.C 2 – 1 Entebbe F.C

Wandegeya F.C 1 -4 Proline F.C

Wakiso United F.C 2 -1 Citizens F.C

Synergy F.C 0-1 Kirinya – Jinja S.S

Saturday, pill 19th March 2016:

Lira United F.C Vs Water F.C – Lango Sports Ground, Lira

Citizens F.C Vs Entebbe F.C – Kakyeeka Stadium, Mbarara

The Grade One Magistrates Court in Kasangati has set Monday 21, rx February to determine whether it has jurisdiction to handle the case that was filed by Forum for Democratic Change (FDC) presidential candidate, sales Dr. Kizza Besigye praying that court orders Police to vacate his premises.

Besigye has for the last one month remained under house arrest, to “prevent him from causing unrest in the Capital Kampala”

Yesterday, the Deputy DPP Caroline Nabaasa on behalf of the respondents asked for more time saying that they were not ready with their sworn affidavit in response to the accusations.

The DPP says the Kasangati Grade One Magistrates court is not suited to handle Besigye's application

The DPP says the Kasangati Grade One Magistrates court is not suited to handle Besigye’s application

On return to court today, Nabaasa told court that the IGP Kale Kayihura had sent no representative and asked court to proceed with the case since she was standing in for the State.

She then raised two objections before court, noting that the plaintiff had no right to file the case as a criminal matter.

“This matter is an act of court abuse and we pray that it is either handled as a civil matter, constitutional matter or dismissed,” Nabasa told court.

The court was fully packed

The court session was fully packed

“Even if the matter was to be handled as a civil case, the parties in court would be the Attorney General (AG) and not the offices of IGP and RPC that cannot be sued,” Nabasa said.

The other objection raised was that there is a parallel case which is due for hearing before the Civil Division of the Kampala High court with similar prayers.”

“Our prayers are that this court dismisses the case to let it be handled by the High court. This court shouldn’t condone an abuse of the court process.”

She added, “Let this case be consolidated with that before the High Court and let the matter be dismissed; we pray that court doesn’t create a precedent that will lead any member of the public to take up the duties of the DPP and open up cases against people who are legally immune.”

Besigye's lawyer David Mpanga

Besigye’s lawyer David Mpanga

In their response, the plaintiff, lawyers led by Counsel David Mpanga labored to explain to court that it has all the jurisdictions necessary to handle the matter which are guaranteed under the Police Act.

“This matter isn’t a private prosecution and being argued by the DPP, it is an application brought under the Police Act that mandates that a person that is detained or arrested shall be brought before the courts of law within 48 hours or released on police bond,” Mpanga argued.

Mpanga told court that the very Police Act mandates that aggrieved parties serve the Police and gives rights to the Magistrates to act.

Magistrate Prossy Katushabe

Magistrate Prossy Katushabe adjourned the case to net week 

Mpanga also dismissed claims that the IGP as well as the RPC are immune revealing that Article 213 (4) proves that the IGP like any other Ugandan is subject to the laws of the country.

Mpanga further informed court that the case in the High Court is not parallel to the one before the Magistrates Court, only that it has got a lot of prayers that must be determined by the High Court.

Magistrate Prossy Katushabe told the two parties that the ruling on these matters would be determined by court on Monday 21, February since today was the Probono Day.

“We are all under instructions by the Chief Justice to adjourn all matters to a later date since today is a Probono day as you are all aware,” Katushabe said.



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