ULS to challenge legality of Museveni directives; want Constitutional Court to declare lockdown and curfew, null & void

The Uganda Law Society intend to petition the Constitutional Court challenging presidential directives on lockdown and curfew in Uganda alleging that the actions of president Museveni have no legal basis, limit rights and freedoms of Ugandans, and contravene various regional and international conventions and treaties.

The lawyers want court to declare the lockdown and curfew illegal, and order the president to immediately declare a state of emergency in Uganda.

In a 20 page petition, a draft copy of which this website saw, the law society is suing the Attorney General alongside the Chief of Defense Forces and Inspector General of Police for violating constitutional rights of Ugandans by imposing cruel and inhumane or degrading treatment.

The petitioners allege that president Museveni usurped powers of the legislature and judiciary which is contrary to the doctrine of separation of powers. They also allege that use of unreasonable force by Uganda Police and UPDF beating, shooting and injuring people violates rights and freedoms of Ugandans.

They allege that the directives to the judiciary as relates to receiving of new cases and the bar to adjudication of all matters affects the independence of the judiciary, which contravenes article 128 of the constitution.

The petitioners further allege that the impugned lockdown and curfew violates articles 20(1) and 2, 24, 28(1), and (4), 42, 43, 126 and 249 of the constitution, as well as articles 4(1) and (2) of the International covenant on Civil and Political Rights, UDHR, International covenant on economic Social and Cultural rights, and article 16 of the African Charter on Human and People’s rights.

They also allege that actions of Police and UPDF in detaining victims of the impugned presidential directive holding them beyond 48 hours as well as denying them legal representation is in contravention of articles 23(4)b, 28(1) and (2)d of the constitution.

The petitioner want court to declare the lockdown and curfew unconstitutional and illegal, and issue an order declaring president Museveni’s directives null and void. They also want court to compell president to immediately declare a state of emergency as provided for by Articles 46, 47, 48, 49 and 110 of the constitution.

The lawyers also want court to order the Minister of Health to regularly address parliament and the public on the progress of the fight against COVID-19.