Maverick seasoned senior lawyer and also President Yoweri Kaguta Museveni’s junior minister in charge of land matters Dr. Sam Mayanja has blasted celebrated Chief Justice Owiny Dollo and other six Justices of the Supreme Court for not consulting him for proper advice before delivering a landmark judgement which dismantled the powers of the military court.
Justice Dollo the head of the Supreme Court agreed with Justice Mike Chibita, Justice Catherine Bamugemereire, Justice Faith Mwodha, Justice Percy Night Tuhaise to dismiss Attorney General Kiryowa Kiwanuka’s Constitutional Appeal against the victory of the former Nakawa legislator Micheal Kabaziguruka thus declaring it illegal to prosecute civilians in the military court.
The justices also directed the army to cease and with immediate effect transfer all criminal files involving civilians to civil courts.
The Attorney General in writing confirmed to the Supreme Court that the process of executing their directives against the military court has started and Justice Jane Frances Abodo the Director of Public Prosecution (DPP) has put in place a team of experienced prosecutors to examine the criminal files from the military court before deciding on whether to proceed with them or not in the Criminal Division of the High Court.
However, Minister Mayanja, one of the founding patterners of the famous Kampala Associated Advocates (KAA) blasted the Justices insisting that the decision made by the majority justices threatens the country’s security.
Mayanja praised the dissenting Justice Monica Mugenyi.
“I don’t know why those Justices didn’t consult me for advice before delivering that embarrassing judgment because I’m an expert when it comes to matters of law. What they did is unacceptable world over and it is the reason why president Museveni and the Chief of Défense Forces (CDF) Gen. Muhoozi Kainerugaba protested against their decision,” Mayanja told Top Secrets in an exclusive interview.
He explained that before writing their judgements, justices should first read the country’s history so as to be guided because what they did is the very mistake that former Chief Justice and first Chief Minister Ben Kiwanuka did during president Idi Amin’s time.
He narrated that Kiwanuka thought that he is more powerful based on the law than the president of the country and decided to sideline the advice that the president gave to him thus releasing criminals who were very dangerous to the country’s security.
More Read
Mayanja recounted another scenario where president Amin banned women from dressing in mini dresses in public spaces. Those who defied the order were arrested along Kampala streets and taken to Buganda Road Court where they found a one Magistrate Kityo who released them claiming that there was no law the President based on to charge them.
“Leave this Museveni who just writes on paper to show his disbelief over the judges’ judgement and the CDF who makes statements, but Amin summoned Kityo to his office to teach him the law, he was detained in Makindye military barracks for a period until his friends and family members pleaded for his release from president Amin,” Mayanja narrated.
He insists that the president has overwhelming powers than the judges and it is the reason why judges can sentence a person to death and the president pardons him or her.
He also added that there are legal authorities issued by court confirming that a presidential directive is a law and one can be imprisoned for disobeying it.
Mayanja supported Museveni insisting that if someone commits a crime with a soldier using an armed weapon, he has to be tried in the military court because it has personalities with experience to weigh the danger of the weapon with which the crime was committed.
“I have travelled this entire country fighting to save tenants from being evicted from their bibanja by landlords with land titles but many times I have found out that the rich land lords use armed military officers to threaten and intimidate poor tenants and illegally evict them and make them landless. Now tell me, why can’t such people be tried in the military court for dragging our soldiers in committing crimes against the civilians they have to protect?” Mayanja asked.
Mayanja also accused judicial officers of over provoking the president to the extent of releasing suspects charged with theft of coffee and animals which he banned without consulting him to guide them as the head of state.
He wondered why Justice Dollo and other Justices didn’t consult the president before delivering a judgement against the military court.
However, Buikwe South legislator Dr. Mike Lulume Kasajja insists that Dollo and others consulted Museveni over the judgement but they overpowered him and this is the reason why he is very annoyed.
Mayanja further blasted Human Rights lawyer Nicholas Opio accusing him of misleading the public concerning the judgement against the military court and praising Dollo and his colleagues.
“I’m shocked, to see my brilliant student Opio who I taught law at Uganda Christian University and mentored to become a legal giant like me supporting that stupid judgement. He also wants to drag our country into trouble so that innocent people die as was the case before!” Mayanja wondered.
It should be noted that Mayanja is a personal lawyer to Museveni and he has represented him in several legal suits against him including presidential election petitions against Dr. Kizza Besigye and John Patrick Amama Mbabazi who challenged Museveni’s victories in presidential elections.
