Sandra Ainebyoona.
KAMPALA, 20th September 2023 – The Anti-Corruption Court in Kampala has ruled against David Livingstone Ebiru, the former Executive Director of the Uganda National Bureau of Standards (UNBS), in his attempt to halt his bribery trial. This decision by Justice Jane Okuo Kajuga of the marks a significant step in a legal battle that had sought raised human rights violations.
Ebiru’s application to stop his bribery trial faced a setback as Justice Kajuga dismissed it, citing a lack of jurisdiction to enforce Ebiru’s human rights. This ruling paves the way for the trial to proceed, which has garnered considerable public attention.
Ebiru’s legal team had argued that his fundamental rights and freedoms were violated when charges were prematurely sanctioned against him by the Inspectorate of Government (IG), without prior investigations. They also contended that there was an imminent threat of arrest that would rendering his application moot if executed. Ebiru sought the court’s declaration that the criminal summons, warrant of arrest and trial were illegal, along with a permanent injunction against the Inspector General of Government (IGG) and compensation for violating his fundamental rights.
However, the Attorney General, represented by Principal State Attorney Wanyama Kodoli, countered these arguments, asserting that the Anti-Corruption Court Division (ACD) had no jurisdiction to hear human rights enforcement matters. They emphasized that the ACD was specifically established for handling corruption-related cases.
Ebiru’s legal team argued that the Human Rights Enforcement Act grants the High Court and Magistrates Court the authority to examine human rights violations arising from their proceedings. They asserted that the court where these matters are raised may rely on civil law or procedure to issue an injunction halting proceedings.
Justice Kajuga concurred with the Attorney General’s submissions, dismissing the application due to a lack of jurisdiction. She clarified that issues related to human rights violations should have been raised before the Chief Magistrates Court, as the case was still pending there. She also emphasized that the High Court could only intervene when a matter had been referred to it by a lower court which had not occurred in this case. Consequently, she dismissed the application for a temporary injunction based on the Attorney General’s preliminary objection.
Ebiru is facing allegations of offering a bribe or gratification to Charles Masekuura, the UNBS board chairperson, during the period of October to December 2022, with the purported aim of securing his position as the UNBS Executive Director. On August 8, 2023, the Chief Magistrates Court issued a warrant for Ebiru’s arrest, triggering a legal battle that has unfolded in the Anti-Corruption Division of the High Court.
