Bugoma forest case hits snag as judge quits
The hearing of an appeal in which the National Forestry Authority (NFA) is seeking to halt destruction of a contested 22 square miles of Bugoma Central Forest Reserve land in Kikuube District has been delayed after one of the judges withdrew from the panel
What you need to know:
- In July, the Minister of Water and Environment, Mr Sam Cheptoris, asked the National Environment Management Authority not to approve the Environment and Social Impact Assessment (ESIA) report allowing Hoima Sugar to destroy more than 22 square miles of Bugoma Forest for sugarcane growing.
- The minister’s remarks came after Hoima Sugar Limited submitted their ESIA to Nema for approval to clear 22sq miles of the forest reserve after the High Court allowed the destruction of the forest.
The hearing of an appeal in which the National Forestry Authority (NFA) is seeking to halt destruction of a contested 22 square miles of Bugoma Central Forest Reserve land in Kikuube District has been delayed after one of the judges withdrew from the panel.
A panel of three judges of the Court of Appeal comprising Mr Kenneth Kakuru, Mr Geoffrey Kiryabwire, and Mr Christopher Madrama, was set to hear the petition seeking to halt implementation of a 2019 High Court judgment that dismissed the NFA case.
However, after waiting in the courtroom for close to an hour, the court registrar, Ms Mary Babirye, told lawyers that one of the judges had pulled out of the matter.
“All cases involving NFA will have to wait for the court to constitute another coram (panel) because one of the justices has recused himself from the case,” Ms Babirye said, adding that the court will give a hearing date upon reconstituting the coram.
In 2019, Masindi High Court Judge Wilson Masalu Musene dismissed the NFA case which sought to stop the Omukama of Bunyoro-Kitara, Mr Solomon Iguru Gafabusa from encroaching on and degrading Bugoma Central Forest Reserve.
The Omukama of Bunyoro-Kitara was accused jointly with Hoima Sugar Limited and Uganda Land Commission (ULC) of conspiring to create a freehold title for part of the forest land.
However, NFA appealed the ruling. The NFA filed an application to delay the implementation of the High Court judgment until their appeal had been heard and disposed of.
The forestry body contends that if the forest status quo is not maintained, the country will suffer irreparable damage.
