OPINION
IN making one of the most Illegal Address dubbed “State of Nation Address”, Public Records indicate Mukulu Tibuhaburwa threatening Judges over granting suspects Bail.In his illegal stand, he wants suspects detained forever until Judgement. TO THE CONTRALLY, No person has control or authority over Court in conduct of judicial roles. Judges and judicial officers must execute their tasks judiciously and exploit their judicial discretion in accordance with the law and procedure. The 1995 Uganda Constitution as ammended provides that every person accused of an offence regardless of which offence ,is presumed innocent until and only until proven guilty by a competent court. In case proven guilt of a crime,court must accord the accused a fair and speedy trial, with a right to defend him or herself. The law therefore avails opportunity to any accused person ,subject to the law to apply and benefit from the provision of attending trial whilst coming from home thus BAIL. Because one is presumed innocent until proved guilty, an accused person can apply to be released on Bail or even securing courts own bond with or without sureties. Sureties are persons that court accepts to stand for an accused person on congnisence that they will assist court in ensuring attendence of court for subsequent trial by the person applying to be released on Bail. It’s quite common law principle that bail must be availed an accused as distinguishable from civil law jurisdictions. A person occupying the office of the Presidency under Uganda laws can only pardon a convicted person who has been sentenced to serve a punishment provided by the law. A convicted person is one who has been Pronounced guilty of an offence by court and sentenced to serve a punishment for example imprisonment. In the entire criminal trial per our laws, no one except court has power over accused persons or their rights. It’s not a political favor to secure bail but it’s a matter of rights and law. Our Constitution does not permit any one to overthrow it and any such attempt requires Citizens to defend the Constitutional order. The Uganda regime has since made efforts to twist court system and trial into political weapons. They arrest any one and charge them without evidence. In so doing they seem intent on using Imaginary charges to keep political actors in detention even without a conviction.if Tibuhaburwa or his cronies wanted Justice ,they would equip INVESTIGATION entities like CID to quickly investigate cases and convince court for a conviction based on evidence . Our laws have no timeline for a criminal trial. In essence even in days,with evidence court can try an offence and pronounce itself. Why is then TIBUHABURWA fighting against bail instead of promoting speedy criminal trial. It’s an outright attack on the rule of law and Criminal Justice. We detest all these illegal threats at the Judiciary aimed at incarcerating innocent Ugandan’s instead of promoting speedy trials. Uganda belongs to CITIZENS NOT LEADERS and criminal Justice is executed on behalf of Uganda not leaders that is why cases are titled,UGANDA Versus So and so. Tibuhaburwa’s efforts are thus ILLEGAL and Provocative ,Wake up Uganda and say NO!.
The writer is a lawyer by profession and Ugandan MP representing Kyadondo East constituency
