Museveni, Judiciary Join hands to Persecute and Deny Besigye Justice

By Valerian Kkonde

PEARL NEWS SERVICE

Dr. Kizza Besigye being manhandled by Policemen on what has come to be a daily routine. Monitor Photo

The Judiciary’s decision to join government in perpetuating impunity and criminalizing competition against Yoweri Museveni, at a time when Ugandans and the world at large are waiting for the Supreme Court’s ruling on the February 18, 2016 rigged Presidential elections, severely dents the Judiciary’s already bloated independence credentials and paints it as incapable of helping Ugandans peacefully solve the political impasse in the country.

Retired Col. Dr. Kizza Besigye, the man thought to have won the Presidential election, has been under house arrest and government-instigated torture since February 18, 2016. He is not allowed to leave his home, and on the occasions he has tried to do so, he has been roughed up by Police and dumped into their van and driven to Naggalama Police station and other stations only to be returned to his home late in the night. Police has since sealed off his home and anyone intending to visit him has to be granted permission.

The battle for his rights was taken to Kasangati Magistrate’s Court where Grade One Magistrate Prossy Katushabe fought off all sorts of government attempts to arm-twist her. And because government could not win the battle using the brains, it took to savage means at the expense of the Judiciary and country.

A few hours before she could read her ruling, the file was grabbed from her and referred to the High Court, allowing president Museveni to continue destroying institutions and torturing political opponents with impunity.

The savage mutilation of justice, with the Judiciary’s approval, at a time when the political impasse arising from the February 18, 2016 rigged Presidential election is far from being solved, is a dangerous and regrettable statement.

This critical moment in the history of Uganda, when Ugandans and the world at large are waiting to hear from the Supreme Court its perception of the fundamentally flawed Presidential election and the direction the country should take, is the time when the Judiciary is least expected to condone impunity and most importantly, side with those trampling on the rights of Ugandans.

The late Prince Paul Job Kafeero had once sung that it is foolhardy to claim to be able to kill a black horn bill after failing to kill a finch. That is how the Kasangati Chief Magistrate’s Court puts the Supreme Court in the limelight. Interestingly, the issues before the two courts are about the February 18, 2016 rigged election. Time will tell whether this time round the Supreme Court is insulated from such manipulation and drama. But the writings clearly point to doom.

The Judiciary is not merely dragging its feet when it comes to protecting the rights of those competing against Museveni but is clearly dancing to the tune of the Executive. The Judiciary is unfortunately abandoning its responsibility to decide whether president Museveni and his cohorts like Kayihura are acting in accordance to the Constitution or are offending it.

Besigye has been under house arrest and undergoing all sorts of torture for over a month now.  Museveni and Kayihura are giving the impression that they are the law. Where is the Judiciary to restore the public’s trust in the institution? Public acceptance of and support for, court decision depends upon public confidence in the integrity and independence of the bench.  Judicial independence which is the very essence of judicial functions is a means toward the far more important goal of maintaining public trust in the legal system and in the judiciary.

The Judiciary has an important role to play in protecting the rights of Ugandans and stability in the country. The Judiciary should not deceive itself, and Ugandans as well, that it is actually fulfilling those responsibilities when it is evidently putting the president’s selfish and destructive interests at the fore front. It is society’s confidence in the impartiality of individual decisions that forms the core strength of the Judiciary as an institution.

All this drama has been taking place during the Lenten Season when Christians are called upon, and reminded, to emulate Christ who came to serve and not be served. On Good Friday, many religious leaders used the feast to call on government to respect the people they lead.

Special prayers were said for the nine Supreme Court judges who heard and are writing their judgments for the Presidential Election Petition number one of this year, in which former presidential candidate John Patrick Amama Mbabazi wants them to nullify Yoweri Museveni’s victory over the irregular manner in which he was elected and declared winner.

Bishop Paul Ssemogerere of Kasana-Luweero Catholic diocese pointed out that public acceptance of and support for, court decisions depends upon public confidence in the integrity and independence of the bench.

“In the Bible, Pontius Pilate admitted that Jesus had committed no crime but again went ahead and crucified him. The nine judges should establish the truth and make judgment according to that truth so that we are also satisfied with their judgment.”

Bishop Ssemogerere added that the decision of the Supreme Court is eagerly awaited for by Ugandans and that it will either stabilise or destabilise further the country.

The Judiciary has tried to justify the grabbing of the Grade One Magistrate’s judgment in the continued violation of Besigye’s rights by Museveni and Kayihura, giving disgraceful excuses of “rectifying anomalies in the judicial process.”

The public interpreted this to mean that the Judiciary was ganging up with president Museveni to torture and deny Besigye his dignity. The Judiciary should not have accepted to be used to disrupt its own process at the last minute. Where were those upright judges all along?

Whenever the Judiciary wants to serve its selfish interests, it acts as if it does not possess any knowledge of facts of life. It is high time that the Judiciary took to cleaning up its image before the public. The Judiciary knows best that without public respect, the functions of this highly regarded Institution are at stake.

There are already a number of indicators pointing to the absurd; the Judiciary has long ceased to be the guardian of the Constitution and transformed into the guardian of dictatorship, oppression and impunity.

Even during the hearing of the Presidential Election Petition, Amama Mbabazi’s lawyers stressed that the Supreme Court had completely failed to prove it was the guardian of the Constitution and people’s rights. The lawyers, over and over again pointed out that the Court was more concerned with the interests of the president than those of the country at large. As a result, elections in Uganda are losing meaning every other day.

There is no doubt that Besigye is being tortured for his political views and support. No amount of pretence by the Judiciary is going to change this. Instead, the Judiciary’s failure to act, end this impunity and condemn the perpetrators is leading to the destruction of the Institution that the troubled Uganda looks to for a bright and stable future. That is if the Judiciary agrees to rise up to the task before it.

It is unfortunate that the Judiciary has instead joined Museveni and Kayihura to decisively dehumanise Ugandans. It is upon Ugandans to immediately stop these primitive tendencies, and they have all the power, bring all these demagogues to book and start building a country that will be a fitting true representation of Ugandans, their history, views, political aspirations and a joy to pass on to their future generations.