Police Spokesperson, Fred Enanga, says their Legal Director is working with a team of lawyers from the Uganda Police Force and Attorney General’s office to file an appeal as soon as possible.
SCP Christine Nanding
The Inspector General of Police-IGP, Martins
Okoth Ochola has tasked the Legal Director, Christine Nanding to work with Attorney
General to appeal the Constitutional Court judgment nullifying section 8 of the
Public Order Management Act. This
particular section gave the IGP discretionary powers to stop or prevent public
However, last week four out of the five
Constitutional Court Judges nullified the entire section on grounds that it
violates the freedom of assembly and right to demonstrate peacefully, which are
provided for in the constitution. They judges
included Kenneth Kakuru, Geoffrey Kiryabwire, Elizabeth Musoke and Cheborion
Barishaki while their colleague Stephen Musota gave a differing judgment.
noted that parliament passed POMA in total disregard of article 92 of the
constitution, which stops the house from passing any law that may alter any
decision or court judgment. They observed that the said provision was
purposely made by the legislature to water down the 2008 decision delivered by
the same court in the suit where Butambala County MP, Muwanga Kivumbi
challenged section 32 of the Police Act, which almost gave police similar orders.
In their view,
section 8 of POMA was clearly a rebirth of section 32 of the Police Act, which
had earlier been nullified by the same court. The petitioners included
Human Rights Network Uganda, the Development Network of Indigenous Voluntary
Associations –DENIVA, The Uganda Association of Female Lawyers FIDA, Muwanga
Kivumbi, the Butambala County MP and Bishop Zac Niringiye.
Now, Police Spokesperson, Fred
Enanga, says their Legal Director is working with a team of lawyers from the
Uganda Police Force and Attorney General’s office to file an appeal as soon as
possible. “A task team led by the Director Legal and Human Rights Services is
working with the Attorney General, to appeal against the ruling. We are
meanwhile enforcing the ban on public gatherings and meetings under the
Statutory Instruments 2020,” Enanga said.
Recently, President, Yoweri
Museveni banned all kinds of public gatherings and meetings to control the
spread of Covid19. Enanga said police will ensure the president’s directives
are enforced without fail. These included
among others music concerts, congregational prayers, rallies, marriage
ceremonies, wedding parties, vigils and funerals.