Constitutional Court quashes warrant of arrest against Otuunu

Kampala

The Constitutional Court has halted criminal proceedings against the UPC president, Mr Olara Otunnu before the Lira Magistrate’s Court.

The presiding Judge, Amos Twinomujuni, also quashed the arrest warrant issued by Lira Magistrate Court against Mr Otunnu, saying it was unlawfully issued. “On August 3, when the warrant of arrest was issued, the applicant (Otunnu) appeared in court through his lawyers Erias Lukwago and Moses Ojakol, who told court that their client was unable to come to court and the case was adjourned to August 17,” said Justice Twinomujuni. “The applicant did not disobey lawful summons. The law allows him to be represented in court,” added Justice Twinomujuni.

Mr Otunnu was charged with sedition and promotion of sectarianism but the Constitutional Court on Wednesday declared the offence of sedition unconstitutional.

Justice Twinomujuni’s decision means that Mr Otunnu is a free man pending the final determination of his petition challenging Section 41 of the Penal Code Act under which he is charged with the offence of promoting sectarianism.

In the ruling, the judge said where the constitutionality of the charges is being challenged, the proceedings in the lower court must be stayed pending the decision of the petition.

During the hearing, Mr Otunnu’s lawyers Peter Walubiri and Erias Lukwago told court that Section 41 which creates the offence of promoting sectarianism is unconstitutional.

In response, the State Attorney Ellison Karuhanga opposed the stay of charges and warrant of arrest against Mr Otunnu and asked the presiding judge to dismiss the application. He submitted that there is no basis for staying the charges against Mr Otunnu because he disobeyed court orders.

Allegations
The former United Nations diplomat’s problems arise from his alleged utterance of defamatory statements on a local FM radio in Lira on April 12, accusing president Museveni of deliberately prolonging the insurgency in northern Uganda.

The UPC president was summoned on August 3 to take plea before Lira magistrates court but he instead sent his lawyer Mr Lukwago who told court that his client (Otunnu) could not answer to the charges as the charges against him are being challenged in the Constitutional Court. He asked court to first stay the proceedings against him pending the ruling on the same by the Constitutional Court but court instead issued him with warrant of arrest.