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FDC to defy Justice Kavuma’s ban on prayers

FDC's Dr Kizza Besigye was charged with treason.

What you need to know:

Next step. Dr Besigye said the orders were laughable and that his party would issue a position on the judge’s ruling after a meeting on Monday next week

Kampala.

The Opposition Forum for Democratic Change (FDC) party has said it will defy any unlawful orders against it following the decision by the deputy Chief Justice Steven Kavuma on Friday to ban the party’s public protest activities, including the weekly prayers at its headquarters.

This position was announced by both the party spokesperson Ibrahim Semujju Nganda and former FDC presidential candidate Dr Kizza Besigye yesterday.

This followed Justice Kavuma’s exparte order issued on Friday evening placing an interim ban on the party’s “defiance” activities. The judge’s orders to FDC include no further holding of the Tuesday weekly prayers that have been a norm since the declaration of the February 18 Presidential election results and no media house to carry the said ‘defiance campaign’ message.

Addressing the press from his Kasangati home yesterday, Dr Besigye said the orders were laughable and his party would issue a position on the judge’s ruling after a meeting on Monday next week.

“He has decreed that there would be no prayers. Can you imagine? Sometimes I wonder if I am leaving in the right country at the right time. I can’t believe that a person in 2016 can sit anywhere and order that people shouldn’t pray,” Dr Besigye told the media at his home.

“It is horrifying that a court can make far-reaching restrictions on citizens rights without hearing from the citizens affected,” he added.

Dr Besigye said Article 43 of the Constitution upon which Justice Kavuma premised his order doesn’t allow anybody to take back people’s rights capriciously.

On Friday evening at 6:30pm, which was beyond the official court working time of 5pm, deputy Chief Justice Steven Kavuma issued an ex-parte order (listening to only one side) against FDC party and its former presidential flag bearer Dr Kizza Besigye over the ‘defiance campaign’ messages. The other orders are; banning of the proposed May 5 public demonstrations from FDC headquarters in Najjanankumbi to Nakivubo Blue Primary School and the countrywide demonstrations at the party’s district branches intended to demand an independent audit of the February 18 presidential results.

“We are going to sit down and take a decision. If that order violates the Constitution, we are going to defy it. As a party, we will defy all the unlawful orders and actions of government officials,” FDC party spokesperson Ibrahim Ssemujju Nganda said.
Justice Kavuma’s interim orders will be in force for the next four weeks as the court prepares to hear out the main petition filed by the Attorney General against Dr Besigye and FDC’s alleged ‘defiance campaign’ activities.

Article 29 of the Uganda Constitution provides for freedom to assemble and peacefully demonstrate, freedom of worship, freedom of association and freedom of speech and expression.
In the build up to the issuance of the interim orders of the court, deputy Attorney General Mwesigwa Rukutana and his legal team had to wait in an empty courtroom for more than two hours before it convened.

A copy of an unsigned order extracted by the Attorney General chambers was at the same time also circulating on Social Media, almost an hour before Justice Kavuma issued it.
The court orders come days to the May 12 presidential swearing in of President Museveni for his 5th elective term in office but the FDC has insisted the incumbent’s re-election is invalid and cannot go unchallenged.

Dr Besigye on Tuesday said President Museveni’s forthcoming term in office is neither legal nor legitimate without an independent audit of the February 18 polls.

In the government’s petition before the Constitutional Court, the Attorney General argues that the Electoral Commission already declared the winner of the presidential polls and that the Supreme Court had pronounced itself on the same result rendering any defiance against the results illegal.

Justice Kavuma’s orders followed the main petition filed by Attorney General against FDC party and Dr Besigye on Thursday.
The AG in his main petition states that he is dissatisfied with the ‘defiance campaign’ conducted by Dr Besigye and FDC, whose aim is to obtain control of the government and that the same is inconsistent with the Constitution.

In his affidavit in support of the AG’s main petition, the acting Solicitor General, Mr Christopher Gashirabake, states that given his experience as a lawyer, he knows that Dr Besigye and FDC demands for an independent audit of the presidential election results is inconsistent with the national Constitution and that presidential results can only be challenged in the Supreme Court.

The AG attaches a letter written by FDC to the Inspector General of Police to support his claims that the largest Opposition party is in high gear of organising a demonstration and a procession from their party headquarters in Najjanankumbi to Nakivubo Blue Primary and also in all its district branches in the country.