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Bobi wine OTT Case Referred to Constitutional Court

On Thursday morning, normal business around Buganda Road Magistrates Court came to a standstill after all roads were blocked by police.

The morning was characterized by heavy security deployment outside the court premises as the court was set to a case involving NUP party president Robert kyagulanyi aka Bobi wine over breaking the of the Public Order Management Act POMA.

Bobi wine alongside 4 others are charged with disobedience of lawful orders contrary to section 5 and 10 of the Public Order Management-POMA Act of 2013.

Kyagulanyi is jointly charged with four others including David Lule also known as Selector Davie, Julius Katongole, Edward Ssebuwufu aka Eddie Mutwe and Fred Nyanzi Ssentantamu.

Kyagulanyi and group held a demonstration in downtown Kampala against the 200 Shillings excise duty for use of Over the Top (OTT) which they protested as unfair to Ugandans already being taxed on airtime.

Kyagulanyi and Katongole were no show at the proceedings.

However, in her ruling on Thursday, Buganda Road Grade One Magistrate Doreen Olga Karungi stopped and referred the case to the constitutional court for interpretation.

Karungi noted that her court has no powers to interpret constitutional provisions but the Constitutional Court Judges can do that.

She has also issued a criminal summons to Julius Katongole, Fred Nyanzi Ssentamu and Robert Kyagulanyi who were absent as she delivered the ruling.

She also directed the parties to return to court on November 5, 2020, to update her on the progress and feedback from the constitutional court regarding this matter.

This development comes after the accused Lawyer Anthony Wameli in February 2020, asked the court to stop the criminal trial on grounds that his clients are being charged under the laws which break provisions of the Constitution.

Wameli noted Section 5 and 10 of the POMA that requires a person organizing a public function to notify the police prior to writing, which was conflicted with Article 29 of the Constitution which guarantees freedoms of assembly and association.

 

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