Former vice president Prof Gilbert Bukenya has sued the Attorney General in the Constitutional Court, challenging the constitutionality of the criminal proceedings against him in the same court.
Prof Bukenya has also filed an application seeking for orders of the Constitutional Court to restrain the AG, IGG and Director of Public Prosecutions from prosecuting him before the Anti-Corruption court or any other court, until the main petition is determined.
The application for an interim order is set for hearing tomorrow before the deputy chief justice Alice Mpagi Bahegeine.
Prof Bukenya contends that in February 2004 during a cabinet meeting, he was delegated and charged with the responsibility of chairing cabinet sub-committees.
He says these committees were responsible for providing a political frame work to CHOGM preparations by his excellence the president and deputised by the minister of foreign affairs.
He adds that the said cabinet sub-committee comprised several identified relevant ministers, technocrats from line ministries and Government departments and corporations.
He says the decisions reached were collective of cabinet and not those of an individual for which he is now being prosecuted.
Prof Bukenya says that he performed his duties as vice president, acting on behalf of the president.
He now says since the office of the VP derives mandate from the president, it is protected from prosecution for actions done in an official capacity as enshrined in Article 98 (5) of the Constitution.
The former VP has filed the application through Tumusiime, Kabega and Company Advocates and Victoria Advocates and Legal Consultants.
Prof Bukenya is facing charges of abuse of office and fraudulent practice at the Anti-Corruption Court, in relation to CHOGM preparations.
Ultimate Media
