Ugandan opposition leader Kizza Besigye has been dealt a blow following a ruling by a constitutional court.
On Thursday, the court declined to handle a case he filed in 2011 calling for withdrawal of charges against him following violent protests by his supporters.
The panel ruled that Besigye has no right to be heard given that he does not recognize President Yoweri Museveni, who appoints the judges.
The panel was led by Justice Kenneth Kakuru. Other judges were Geoffrey Kiryabwire, Elizabeth Musoke, Cheborion Barishaki and Stephen Musota.
“By swearing himself in as president, appointing a cabinet and national assembly after the judgment and orders of the Supreme Court, the petitioner was and is in contempt of court,” the judges said.
“Every court has a right to deny the audience to any person found guilty of contempt. He or she may not be heard or granted any remedy until he purges himself or herself of contempt,” the judges added.
The judges insisted that if at all Museveni was not legally elected, he would have not appointed judges, who Besigye wants to listen to his plea.
“I would, therefore, decline to grant Besigye the remedies he seeks in the petition. Maybe he will have to seek audience before his own court or before the ‘judge’ who swore him in as president,” reads the ruling delivered by Registrar Agnes Nkonge.
The court further observed: “If indeed the President of this country was not elected by the people of Uganda, having usurped their sovereignty set out in Article 1(a) of the Constitution, it would follow that he has no power to appoint judges. The judges and justices appointed by him following the 2011 and 2016 elections have no judicial power as they were appointed unconstitutionally.”
However, the court ruled that police have no powers to disperse people who assemble or picket legally in the case as argued by Besigye.
Besigye refused to recognize Museveni's victory in 2016 and went ahead to swear himself as president of Uganda. He will run again in 2021 polls.