Attorney General asks court to dismiss case against Lubowa hospital project
The stalled Lubowa hospital project. The Members of the Parliament Committee on Finance and the line ministers were dismayed after they discovered that there was no contractor on their visit to the site on April 21. PHOTO/FILE.
The Attorney General has asked the court to dismiss, with costs, a case seeking nullification of all agreements government made with an investor to construct the International Specialized Hospital in Lubowa.
In a sworn affidavit, state attorney Ms Charity Nabasa denied every allegation by the petitioner; and asked the Constitutional Court to dismiss the case on grounds that it did not raise any issues for constitutional interpretation.
Ms Nabasa states that the International Specialized Hospital of Uganda agreements did not flout the procedural requirements for approval by Parliament and should therefore, not be cancelled nor declared illegal or in contravention of the provisions of the Constitution.
“The petition as presented in this court is barred in law, frivolous, prolix and raises no issues or questions for interpretation,” Ms Nabasa stated.
Court further heard that Project Service Agreement that was entered between ministries of health and finance with the International Specialised Hospital on January 27, 2016 to undertake the operations and facilities management of the facility for a period of eight years from the date of completion did not contravene the provisions of the Constitution.
The case
A civil society organization, Initiative for Social and Economic Rights (ISER), dragged government to court arguing that the agreements contravene the Constitution of Uganda.
The petitioners are also seeking a court declaration that the purported approval by Parliament on March 12 of a proposal by government to issue promissory notes of $379.71 million (about Shs1.4 trillion) to FINASI /Roko Construction SPV Limited for financing of the design, construction and equipping of the hospital be set aside.
“In March 2019, the Parliamentary Committee on National Economy, in its report, observed that necessary parliamentary approval had not been obtained but went ahead and recommended that the House approves the proposal for government to issue promissory notes not exceeding $379.71 million,” they further state.
The petitioners are also seeking an order that Parliament ensures that the citizenry participates in the inception, and approval of the public-private partnership project.
A panel of five justices of the Constitutional Court led by Frederick Engonda Ntende heard the petition and said the ruling would be delivered on notice.
Other judges on the panel are Elizabeth Musoke, Christopher Madrama, Monica Mugyenyi and Christopher Gashirabake.
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