The State has asked court to dismiss an application in which former VP Prof. Gilbert Baalibasekka Bukenya is seeking for Constitutional court orders to temporarily block the IGG from further prosecuting him in relation to abuse of office during CHOGM preparations.

State Attorney Henry Oluka has told the Constitutional court session this morning that the IGG and DPP have a constitutional mandate to investigate, institute, take over and continue with any criminal proceedings without being subject to control by any person or authority.

He added that the former VP now wants court to contravene the constitution by restraining prosecution agencies from fulfilling their constitution obligations.

Prof. Bukenya has been represented by Macdusman Kabega and Enos Tumusiime.

A panel of three justices of the constitutional court led by Deputy Chief Justice Alice Mpagi has presided over the matter and shall give their ruling on notice.

Prof. Bukenya is challenging the constitutionality of the abuse of office and fraudulent practice against him in the Anti-Corruption court which he allegedly committed during CHOGM preparations.

In the petition, he contends that whatever he did during his term of office as VP was official but he is now being prosecuted as if he did such as an individual.

He says that the office of the VP has no independent mandate and derives authority from the president and the constitution protects it from prosecution for any actions done in an official capacity.

He now wants the constitutional court to restrain prosecuting agencies from proceeding with criminal cases against him in the anti corruption court till his constitutional petition is disposed off.

Ultimate Media