The Constitutional Court in Kampala has dismissed a case in which President Museveni was sued for copyright infringement when he used ‘Another Rap’ song during the 2011 presidential campaigns.
Singer Richard Kaweesa dragged the president to court after claiming he wrote and produced the song which later became popular as Museveni canvassed for votes and eventually won the 2011 polls partly riding on the song but was never paid.
Kaweesa averred that Museveni infringed upon his copy right in a song titled "Another rap” without his knowledge, consent and without paying adequate compensation which amounted to infringement of his copyright in the song and demanded sh5 billion in compensation.
On Monday, a panel of five justices of the Constitutional Court including Fredrick Egonda- Ntende, Steven Musoke, Christopher Madrama , Monica Mugenyi and Christopher Gashirabake ruled that a sitting president cannot be subjected to legal proceedings since he enjoys immunity as enshrined under Article 98 (4) of the Constitution and therefore cant be sued.
In his lead judgment, Justice Gashirabake explained that Constitutional Court adjudicates matters requiring interpretation of the constitution, noting that the instant case doesn’t fall in this category.
“It is my considered view that since the question on the nature of presidential immunity under Article 98 (4), which is the same question arising in this petition, has been considered in the above cited cases, this court needs not consider the same question in the present case. All in all, I consider that the Petition raises no question for constitutional interpretation,” Justice Gashirabake ruled.
Reasoning with his fellow panelist, Justice Madrama explained that the fact that the president is not liable to any legal proceedings in any court does not per se shut out the petitioner from attempting any other lawful engagement on his claims with the president or his representative in an attempt to have his claim addressed amicably.
“ln the absence of any other constitutional means to have his claims considered, the petitioner has to wait until the president leaves office if he desires to commence any action in any court with regard to his claims,” Justice Madrama reasoned in his judgement.
Just Gashirabake in his lead judgement therefore noted that the case cannot stand since there is nothing that requires the court’s interpretation.
“Accordingly, I would dismiss this petition since it raises no question for constitutional interpretation. I would make no order as to costs as it is the practice of this court not to award costs in constitutional petitions.”
https://nilepost.co.ug/2018/11/06/singer-demands-shs5bn-from-museveni-for-using-another-rap-song-in-campaigns/