Five Justices of the Court of Appeal, sitting as the Constitutional Court have dismissed a petition filed in 2011 by Dr. Kiiza Besigye against the Attorney General (Government) challenging actions of the Police Force detaining him at his residence under the pretext of preventive arrest.
Justices Fredrick Egonda Ntende, Elizabeth Musoke, Cheborion Barishaki, Muzamir Kibedi and Irene Mulyagonja threw out Besigye’s petition on the request of Attorney General’s representative State Attorney Charity Nabaasa.
Nabaasa informed court that Besigye was not in court and his Lawyer from AF Mpanga Advocates who was served with today’s hearing notice was also not present in court and cited the constitutional petition rules under which such a petition can be dismissed.
Its against this background that the Justices basing on the proof service from the Attorney General dismissed Besigye’s petition for loss of interest to prosecute it.
On the morning of 18th October, 2011 Besigye left his home in Buyinja Zone, Nanganbo Sub-County Kasangati with the intention of walking to his place of work at FDC headquarters in Najjanankumbi; when he was arrested and driven back to his home by police officers under the command of then Regional Police Commander for Kampala North Stephen Tanui.
Since then, armed police and military operatives camped at his home for days and prohibited him from leaving and denied his visitors access, a result of which his rights to liberty, freedom of conscience, expression, movement and assembly as well as his right to privacy were allegedly violated.
He then petitioned the Constitutional Court seeking declarations that the continued presence of security personnel on his land was unconstitutional and that an injunction permanently barring them from detaining Besigye at his home should be issued.
Their Lordships made no orders as to costs.