A Non- Governmental Organisation has dragged the Ugandan government to court seeking for orders to have the controversial shs1.3 trillion Lubowa hospital deal nullified.
In suit filed before the Constitutional Court, the Initiative for Social Economic Rights, an NGO says the deal signed between government and FINASI/ROKO Construction Special Purpose Vehicle Limited for financing of the design, construction and equipping of the International Specialized Hospital of Uganda at Lubowa, in Wakiso District was done illegally and should therefore be rendered a nullity.
“The Project Works Investment Agreement (PWIA) and Director Agreement(DA) concluded between the FINASI/ Roko Construction SPV Limited and the Ministry of Health and the Ministry of Finance, Planning and Economic Development to oversee the project works contravene and are inconsistent with Articles 2(1), 159(2), (6) and (5) of the Constitution of the Republic of Uganda, 1995,”the NGO says in their suit.
Parliament a few weeks ago passed a resolution approving a Shs1.3 trillion loan to be extended to FINASI/ROKO, an investor for the construction of the hospital but according to the Initiative for Social Economic Rights, the process was done in contravention of the constitution.
The NGO avers that execution of agreements by government for construction of the hospital whilst flouting procedural requirements for approvals by parliament contravened provisions of the constitution and everything done was therefore illegal, null and void.
“The failure by members of parliament to participate in the affairs of government in accordance with the law by approving the issuance of the promissory notes of $379.71 million subsequent to the coming into force of the direct agreement violated the right of Ugandan citizens to participate in affairs of government through their representatives and contravenes Article 38 (1), 8A (1),Objective I, X of the National Objectives and Directive of State Policy of the Constitution of the Republic of Uganda, 1995 .”
The NGO now wants the Constitutional Court to rule that all the agreements made in regards the Lubowa specialized hospital are a nullity and the entire process be done afresh.
“The Parliament of the Republic of Uganda should ensure and require effective participation of Ugandan citizens to in the inception, conceptualizing, tabling, consultations, debating and approval of Public Partnership Projects to be undertaken by the Government of Uganda.”
The NGO also wants the court to order the Finance minister and his counterpart from health ensure all necessary steps taken to ensure right implementation of the hospital deal in line with the Public Private Partnership Act.
A few weeks ago, lawyer Male Mabirizi sued government over the manner in which Parliament approved the shs1.3 trillion loan to be extended to FINASI/ROKO for the construction of the hospital.