In his case against the Attorney General, Mabirizi says the deal between UNOC and Vitol created a fuel import monopoly yet the company didn’t go through the normal bidding process under the laws of Uganda hence corruption.
“Creating a monopoly in importation of fuel derogates economic rights of other Ugandans who may have capacity to import fuel,” Mabirizi says in his case.
“The conceptualization, processing, selection, contracting and grant of the fuel import monopoly contract to Vitol company are infringements on the applicant's and other Ugandans' right to right to equality before the law, equal protection of the law and freedom from discrimination guaranteed under Article 21, economic rights guaranteed under Article 40(1) and fair treatment in administrative decisions guaranteed under Article 42.”
The lawyer says the fuel import monopoly contract to Vitol is not demonstrably justifiable in a free and democratic society as required under Article 43(2).
He argues that the fuel deal infringes on other human rights and freedoms guaranteed under Article 45 in chapter 4 of the Constitution of the Republic of Uganda.
Declarations
Mabirizi has since asked the Anti-Corruption Court to declare that the conceptualization, processing, selection, contracting and grant of the fuel importation deal to Vitol infringed on the fundamental and other human rights to equality before the law, equal protection of the law, economic rights, fair treatment in administrative decisions and not demonstrably justifiable in a free and democratic society as required under Chapter Four of the Constitution.
He wants court to restrain government or any other state agency from enforcing the fuel import monopoly contract granted to Vitol but also an order nullifying the contract.
President Museveni earlier this week said the new deal will save Uganda a lot of money that it was giving to middlemen for fuel importation.
He noted that middlemen were selling diesel to Uganda at a price of $118 yet the price for bulk suppliers and refineries is $83 whereas for petrol middlemen would sell it at $97.5 and refineries ell at $61.5 and for kerosene, middlemen sell it at $114 and the refinery at $79.
“These are prices when the products have arrived at the East African ports. You can see the huge loss Uganda has been incurring on account of our wonderful people,” Museveni said.
Museveni said Uganda has now contracted bulk and refinery suppliers to be able to import fuel into the country at lower prices.
According to the deal signed by the Ugandan government through the Uganda National Oil Company, Vitol will establish ” buffer stocks” in Uganda and in Tanzania and this will guarantee security of supply.