Bobi Wine trial in OTT case suspended; sent to Constitutional Court
Buganda road court has suspended proceedings against Kyadondo East Member of Parliament Robert Kyagulanyi alias Bobi Wine and four others in which they are accused of disobedience of statutory duty.
Kyagukanyi was early last arrested for disobeying statutory orders and held a demonstration in the city centre in 2018 against the new social media tax.
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Early this year, the legislator’s lawyers led by Anthony Wameli protested against the trial asking court to halt the proceedings but send the case file to the Constitutional Court since Kyagulanyi and his co-accused are charged under laws which contravene other provisions of the Constitution.
Wameli told court that offenses that Kyagulanyi is facing, contravene Article 29 of the Constitution which talks about freedom of assembly, expression and movement.
On Thursday, Doreen Kalungi, the trial magistrate said her court lacks powers to interpret such a case and consequently forwarded the file to the Constitutional Court for interpretation.
She also halted the proceedings in her court before directing both parties to return to her court on November, 5, 2020 for an update about the progress of the matter in the Constitutional Court.
The case
Bobi Wine is accused together with his brother Fred Nyanzi Ssentamu, Julius Katongole, David Lule, Edward Sebuufu also known as Eddie Mutwe and others still at large of disobedience of statutory duty contrary to section 116 of the Penal Code Act an offence committed in July 2018.
Prosecution alleges that the group disobeyed section 5 and 10 of the Public Order Management Act 2013 by holding a public meeting without giving notice to any authorised officer.
They have since denied the charges and granted bail.
The charges against the group are in connection with a protest he led against Over the Top Tax (OTT) commonly known as social media tax and mobile money tax that had been introduced by government last year.
https://nilepost.co.ug/2019/10/29/bobi-wine-wants-court-to-halt-ott-trial/
