President Museveni’s suit against the Monitor Publications for alleged defamation has drawn debate among some of the practicing lawyers.
At the centre of the debate is whether the sitting President who by the constitution is protected from being sued can on the other hand sue someone.
The President on March 16th through his lawyers of K and K Advocates dragged the Monitor Publications to court for alleged defamation.
The Monitor, in an article quoting The Wall Street Journal-an American Publication, published an article titled “Museveni ‘inner circle’ secretly given Covid jabs — US paper”
Uganda Law Society President, Ms Pheona Wall Nabasa in an interview said the President can still sue despite the constitutional provision granting a sitting President from being sued.
She says the President is a person and if he feels like his rights were infringed, although he has the immunity not to be sued when he is still in office, it doesn’t affect his right as an individual to sue. Ms Nabasa speaking……
Criminal lawyer Caleb Alaka however disagrees with Nabasa saying the Constitution is silent on whether the president can sue.
Mr. Alaka says if the President goes to court, the other party can file a counter-claim against him which becomes a suit within a suit and therefore difficult to impose on a sitting president.
Alaka wonders what happens if Museveni for instance loses this case to Daily Monitor and it seeks damages. Mr. Alaka speaking…..
Eron Kiiza another lawyer and a Human Rights Activist says that it is unfair to give someone powers to sue when he cannot be sued. END
