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Court to decide on access to oil information case today

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By Ephraim Kasozi & Juliet Kigongo  (email the author)

Posted Wednesday, February 3 2010 at 00:00

In Summary

However, the government defends its refusal to make oil wealth agreements public citing confidentiality and national security grounds.

Nakawa
Nakawa Court will today decide whether citizens have a constitutional right to access information on the recently discovered petroleum resources and its exploitation.

Chief Magistrate Deo Ssejjemba is set to pass the ruling in the first litigation about the newly-discovered oil, the government is defending its decision to conceal oil agreements it has signed with foreign oil companies.

The case was brought under the Access to Information Act by Daily Monitor journalists, Charles Mwanguhya Mpagi and Angelo Izama.

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They are seeking a court declaration that the public interest in disclosure of production –sharing agreements/oil prospecting and exploitation agreement is greater than any harm that may exist to a third party- especially the oil companies.

Mr Mpagi and Mr Izama took the government to court, seeking disclosure of information regarding oil agreements to empower the public to participate in the government decisions that affect them for efficient, transparent and accountable use of the petroleum resources discovered in Uganda.

However, the government defends its refusal to make oil wealth agreements public citing confidentiality and national security grounds.

Mr Godfrey Mallinga, the attorney representing the journalists, told court the disclosure of the agreements was necessary to empower the public to participate in government decisions concerning the oil.

Court heard that plaintiffs have a constitutional right to information and that only information that could infringe on privacy was legally concealable. “These agreements are not in that category,” said the lawyer adding, “That in any case the access to information law insisted that even where information is protected it must be released by the government in public interest.”

 
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