Petition seeking to dismiss corruption charges against MP Akamba referred to Constitutional court
by URN · The ObserverThe Anti-Corruption court in Kampala has referred an application by Busiki County MP Paul Akamba, seeking to dismiss corruption charges against him, to the Constitutional court for interpretation.
Akamba is accused, alongside two other MPs, Lwengo district Woman MP Cissy Namujju Dionizia and Bunyole East MP Yusuf Mutembuli, of soliciting a 20 per cent bribe from the Uganda Human Rights Commission to influence its budget approval. Akamba had asked the court to drop charges against him on the basis that his human rights were violated during and after his re-arrest more than two months ago and that he was also tortured.
In his decision on Tuesday, justice Lawrence Gidudu declined to set Akamba free of corruption charges for which he is jointly charged with two other MPs and instead sent the matter to the Constitutional court to determine two legal questions - whether certain sections of the Human Rights Enforcement Act, which allow a trial court to nullify a trial and acquit an accused without taking evidence, violate the right to a fair hearing and also whether a victim of crime has the right to a fair hearing under Article 28 of the Ugandan Constitution.
Through his lawyer Jude Byamukama, Akamba told the court that he was rearrested on June 14, 2024, shortly after securing bail in the lower court, and detained in an ungazetted facility for seven days before he was produced in court on other charges.
Akamba was rearrested by security personnel outside court premises after securing bail at Shs 13 million. He was later charged with others including MPs Michael Mawanda, Mudimi Wamakuyu, ministry of Trade permanent secretary Geraldine Ssali Busuulwa, ministry of Trade official Leonard Kavundira and lawyer Julius Kirya Taitankonko who are all out on bail on bail.
They are accused of conspiring to defraud Buyaka Growers Cooperatives Society Limited of more than Shs 3.4 billion meant for compensation as war victims. Akamba in total paid Shs 98 million to secure temporary freedom last month from the three judicial officers he appeared before during the 60 days he was in prison.
On his part, the Attorney General who was listed as the only respondent in this case through state attorney Jackie Amusugut asked the court to dismiss the application on grounds that Akamba was never tortured and that he was even given meals while in state custody. The state further states that Akamba was taken in for his own safety because at the time, there were anti-corruption protests in the city and security never wanted him to fall victim.
However, in his ruling, justice Gidudu declined to drop the charges against Akamba and instead temporarily halted his trial together with his co-accused pending the determination of the Constitutional court.
The judge has explained that he has given the case considerable thought and has come to the conclusion that while several cases have interpreted the meaning of a fair trial in relation to the rights of an accused person, he has not benefited from any interpretation of Article 28 of the Constitution in relation to the rights of the victims or society which are larger than the accused.
"Consequently, I am of the view that the matters canvassed by the respondent/attorney general) which are questions of law that involve substantial questions of law need to be interpreted by the Constitutional court before this court is guided on how to proceed," said Gidudu.
In the same decision, the judge declined to stop another separate trial against Akamba in which he is accused of theft of more than Shs 3.4 billion together with the former permanent secretary in the ministry of Trade, Industry and Co-operatives Geraldine Ssali Busulwa and four others in another court saying that he has no powers to order another Judge on how a case should be handled.
“For avoidance of doubt, this reference and orders of stay are confined to session case number 4 of 2024. My court has no jurisdiction to determine how a trial before another judge in a different case should be handled. Although the applicant had sought action to be taken in criminal session case 6 of 2024, I am unable to do so,” said Gidudu.
Giduduordered that Akamba, Mutembuli and Namujju keep reporting to the registrar of the High court on a monthly basis effective November 1, 2024.