Constitutional Court Judges have Thursday given their opinion while dismissing an eight- year petition the FDC founder filed in 2011 seeking court’s proclamation on the charge of unlawful assembly.
Besigye in his suit argued that the charge in the penal code violates article 21, 27, 29 and 43 of the constitution of Uganda.
This law has up to now always been used by the security enforcers to deter Besigye and other opposition political actors from assembling without notifying the authorities.
Many times he has been arrested and later released without being prosecuted.
But on Thursday while delivering a ruling, a panel of judges wondered why Besigye would seek redress in a court he doesn’t recognise as legitimate since he swore in himself as president of the people’s government.
The judges who blasted Besigye are; Kenneth Kakuru, Geoffrey Kiryabwire, Elizabeth Musoke, Cheborion Barishaki and Stephen Musota.
The panel reminded the opposition heavy weight that courts are part of the government which he terms at illegitimate.
“In 2016, he again lost to President Museveni but he didn’t challenge the election. However, another presidential candidate Amama Mbabazi did and the Supreme Court unanimously dismissed the petition and confirmed the results of that election. The petitioner (Besigye) however chose to reject the decision of the Supreme Court,” Justice Kakuru said in a judgement agreed upon by the other judges.
The judgement further states: “He publicly declared and has done so ever since 2016 that the election of that year was a sham and that it didn’t reflect the will of the people of Uganda. The petitioner on May, 11, 2016 swore himself in as president of Uganda.”
Justice Kakuru who received praises not long ago for ruling against the Age Limit Petition, said that videos of Besigye swearing in a president are all over internet and that he went ahead to appoint members of his government in a bogus ceremony.
“In the petition, the petitioner seeks to hold accountable a government that he considers illegitimate by invoking powers of a court appointed under such a government. He cannot do so. It is an exercise in futility,” Justice Kakuru said.
Kakuru remarked that Besigye’s actions were a contempt of the Supreme Court which declared and swore in President Yoweri Kaguta Museveni as a duly elected leader of Uganda.
“Every court has a right to deny audience to any person found guilty of contempt. He or she may not be heard or granted any remedy until he purges himself to that contempt,” he stated.
“I would therefore decline to grant the remedies that he seeks in the petition. Maybe he will have to seek audience before his own court or before the “judge” who swore him in as president,” Kakuru ruled.
