Uganda Peoples Congress
National Secretariat
Plot 8-10 Kampala Road, Uganda House,
P. O. Box 9206, Kampala
phone/Fax:+256-41-236748
Museveni Overthrows His 1995 Constitution
Press Release
07 February 2007
- Uganda Peoples Congress in its last press statement warned that President Museveni's impunity will cause catastrophy. We have consistently alerted Ugandans and International Community on the style of management of state of affairs in our Motherland since the NRM shot its way to power but many ignored our message. Now that the dictator's hidden nature is full- blown, the truth must set us free.
- Ugandans should recall that Legal Notice No. 1 of 1986 introduced by the NRA upon capturing power effectively overthrew the 1967 Constitution by suspending articles that guarantee rights and freedom of association and later, on 11 TH August 1992 the NRC sitting in a closed session as a political organ of the NRM under the Chairmanship of President Museveni passed resolutions that extended the term of the NRM for five years without election. This illegal resolutions smuggled from Legal Notice No. 1 of 1986 was later on codified in 1995 Constitution in the form of Articles 269,270 and 271.
- The pronouncement by President Museveni to NRM caucus meeting at International Conference Centre that PRA suspects would not be released until they apply for amnesty is an open coup against the 1995 Constitution, the rule of law and the right to be presumed innocent until proved guilty in and convicted by a court of law. The President's decree is contrary to the Court order that granted bail to the PRA suspects, which the Attorney General is seeking to overturn.
- UPC is a ware that, the exercise of judicial power is clearly provided for in the Constitution. Article 129 (1)(d) states that Judicial power shall be exercised by the Courts of Judicature which shall consists of:-
- The Supreme Court of Uganda
- The Court of Appeal of Uganda
- The High Court of Uganda
- Such Subordinate Courts as Parliament may by law establish
- President Museveni is not named as one of the Courts of Judicature.
- In the same spirit, Article 126 provides that, judicial power is derived from the people, and shall be exercised by Courts in fulfilment of the people's aspirations. Now that President Museveni has disobeyed the Court Order granting bail to the PRA suspects and has decreed that, unless they beg for forgiveness by applying for amnesty, they cannot be released, he is not only abrogating the Constitution but also totally violating the principles and doctrine of separation of powers. Where does he derive his powers from? And on what premise is he exercising judicial powers?
- Uganda Peoples Congress notes with great concern that this usurpation of power of the other organs of the state by this NRM administration, extends up to Parliament, which now transacts business as a Movement Caucus. Parliament that is mandated to regulate the action of the Executive in most Commonwealth democratic countries is now an extension of the Executive arm of Government in Uganda, in total violation of the Commonwealth Harare declaration which Uganda, like all Commonwealth Countries, signed to respect the rule of law and basic human rights in these Countries.
- Uganda is posed to host the Commonwealth Heads of Government meeting in November this year. We call upon the Commonwealth leaders and the Commonwealth Secretariat to prevail upon Uganda, in particular President Museveni to respect the Harare Declaration if the Commonwealth is to be taken seriously. It is an insult to the Commonwealth Community, let alone Ugandans for the Government of President Museveni to host CHOGM while he is totally disrespectful of the rule of law and while the prevailing political conditions in Uganda is that of intimidation and violence by police and other government agents against innocent citizens who are exercising their rights and freedoms.
- UPC also calls upon Ugandans to invoke Article 3 of the Constitution, which obliges and empowers citizens of Uganda to protect and defend the Constitution of the Republic of Uganda from being violated and overthrown by bad governments such as the present NRM government. UPC having twice led the liberation of Uganda , once more will lead the liberation of Uganda from the clutches of this bad NRM government by using all civil and constitutional means to restore the rule of law in Uganda.
For God and my Country
Mama Miria Kalule Obote
President, Uganda Peoples Congress