The Anti-Corruption Court in Kampala has referred an application by Busiki County MP Paul Akamba to dismiss corruption charges against him to the Constitutional Court for further interpretation. Akamba, along with two other MPs, is facing corruption charges but argued that his human rights were violated, leading him to seek dismissal of the case.
On Tuesday, Judge Lawrence Gidudu of the Anti-Corruption Court declined to dismiss the charges against Akamba but referred the case to the Constitutional Court to address two key legal issues. The court is tasked with determining whether some sections of the Human Rights Enforcement Act violate the right to a fair hearing and if victims of crime are also entitled to fair hearing rights under Uganda’s Constitution.
Akamba, together with Lwengo District Woman MP Cissy Namujju and Bunyole East MP Yusuf Mutembuli, is accused of soliciting a 20% bribe from the Uganda Human Rights Commission in exchange for influencing the approval of its budget. Akamba claims that his rights were violated during his re-arrest on June 14, 2024, after securing bail. He was allegedly detained for seven days in an unauthorized location before being brought to court on new charges.
Akamba’s lawyer, Jude Byamukama, argued that his client was tortured during detention and that his re-arrest was unlawful. However, the Attorney General, through State Attorney Jackie Amusugut, refuted these claims, stating that Akamba was not tortured and was provided with meals during his detention. The State further argued that his re-arrest was for his own safety due to protests in the city.
Judge Gidudu decided to suspend the trial while the Constitutional Court addresses the legal questions. He emphasized that while the rights of accused persons have been widely interpreted, there is little guidance on how the rights of victims or society, as outlined in Article 28 of the Constitution, should be considered.
Additionally, Judge Gidudu declined to halt another trial against Akamba involving the theft of UGX 3.4 billion, stating that his court does not have the authority to interfere with proceedings in other cases.
Akamba and his co-accused MPs, Mutembuli and Namujju, are required to report to the Registrar of the High Court starting November 1, 2024, as the case awaits further action from the Constitutional Court.