The Constitutional Court in Kampala has deferred to a yet-to-be communicated date the case in which government wants Dr Kizza Besigye’s ‘defiance campaign’ banned.
On Thursday morning, the panel of judges including the Deputy Chief Justice Steven Kavuma, Catherine Bamugemereire, Cheborion Barishaki Richard Butera and Elizabeth Musoke were in court ready to proceed but were informed by FDC’s lawyer Ladislaus Rwakafuzi that Besigye was not in court and demanded to know whether a production warrant had been issued to prison authorities.
“We are not privy to the production warrant to have Besigye produced in court and if you (judges) have it, then we can be guided on how to proceed when he (Besigye) is not here,” Rwakafuzi inquired.
However, in response, the Attorney General who was represented by Denis Bireije and Richard Adrole told court the warrant was served in May, a statement the judges queried.
The judges said there was no record of a production warrant served to have Besigye, who has no lawyer, to appear in court, adding the case had not been scheduled to proceed.
“We have not seen any production warrant and in that situation it would be unfair to proceed. We need more time to have the necessary pretrial processes happen,” the Deputy Chief Justice Kavuma said.
”The next date for hearing will be communicated to the parties.”
In an interview with ChimpReports, FDC’s lawyer Rwakafuzi expressed disappointment with the decision to adjourn the case saying it was a preplanned move by government which he accused of having lost interest in the matter.
“I think they see it is no longer necessary to pursue the case after achieving their goal of detaining Dr Besigye,” he said.
The Attorney General took to the Constitutional court seeking orders to ban Dr Kizza Besigye’s defiance campaign and any FDC party activities deemed to be part of the crusade.
In his affidavit, the Inspector General of Police Kale Kayihura says unless court stops Besigye and FDC’s activities, the country will slide back into anarchy.