{UAH} UNLIKE SSEJJUSA OTA"FIRE" IS FLAMING MUSEVENI FROM WITHIN
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Justice minister, Kahinda Otafiire says preventive arrest is unconstitutional
Appearing before parliament's Human Rights Affairs committee today, Otafiire likened police's preventive arrest strategy to detention without trial, which is against the constitution.
His statement followed a query by Aswa MP, Reagan Okumu.
"Preventive arrest is not in our law books and if anyone is doing it, then he is doing it against the law; it is detention without trial which was scrapped," Otafiire said.
The police have recently restricted the movements of former Forum for Democratic Change president Dr Kizza Besigye and Kampala Lord Mayor Erias Lukwago, on grounds that the duo was about to commit a crime.
The restrictions have come after some opposition leaders, including the duo, championed public demonstrations against the political status quo since the 2011 elections. The police have often reacted by preventing the two leaders from leaving their homes under what they call preventive arrest.
However, Otafiire says the police could soon suffer a barrage of lawsuits lodged by aggrieved politicians.
"I don't know which law they were using, but my advice would be for those that felt inconvenienced to take up that matter in court against the police," he said.
But police spokesperson Judith Nabakooba said in an interview today that police follows the provisions of the criminal procedure code and the police act in enforcing preventive arrest, though she could not cite the specific provisions.
"The bad thing is that I am not in office to quote the specific provisions in the law," she said.
This is the second time in as many months that Otafiire has blasted the police over its handling of opposition politicians.
"You really look at the way they are doing their things and you are left in shock. Why do you arrest a leader in such a manner yet he has done nothing illegal?" Otafiire wondered in a July interview with The Observer (See: Otafiire blasts police on Besigye, Lukwago arrests).
Outside the committee Otafiire reaffirmed his attacks on the police, telling The Observer that the cops no longer respect the law.
Legal services
Asked about the fallout between parliament and the Attorney General Peter Nyombi, Otafiire advised the House to procure a private firm to offer them legal services.
"I think it is within the law, parliament is at liberty to acquire its own private lawyers," he said.
MPs led by Alice Alaso (Serere Woman), Reagan Okumu (Aswa) and Godfrey Kiwanda (Mityana North) had asked whether Nyombi would still be considered parliament's legal representative given the antagonistic relationship he has had with parliament, particularly the Speaker, Rebecca Kadaga.
"The Attorney General is not defending the institution of parliament but is instead moving cases against parliament. He is now a lawyer for NRM," Alaso charged.
Parliament's grievance against Nyombi stemmed from a constitutional court petition filed in November last year, which cost the state at least Shs 12bn in costs.
Nyombi has also clashed with the speaker over the contested expulsion from parliament of four MPs expelled from NRM. In both cases, the Attorney General sided with the petitioners instead of Parliament.
sadabkk@observer.ug
Comments
All this is not knew and you Otafiire stop asking how can they arest a leader... like that, this might imply that for us normal and poor People they should continue arresting us rubbishly otherwise what you said is ok.
Alanso wewe, your history too in the FDC Party is not that clean step down like you want Nyombi to do it. Charity begins at home. Otafiire you are one of the most corrupt and happy men in Uganda ever that sugar in Mombasa history is not yet forgotten, i remember it when i have no 1000 Shs to buy me a quarter kilo
You as a colonel in the bush outfit should know better Otafire's very important role! He is a trained lawyer cum former policeman entrusted with subvertive tricks to cause major strifes in the country. Tribal wars and hatred is his speciality.
Correct me if I'm wrong, Otafire was instrumental in recruitment of Banyamulenge into UPDF and M7 knows better not to eliminate him for fears of repurcusions from the Congolese Tutsies. Thus, he is allowed to help himself to anything he fancies.
You know too well the tribal differences caused by the NRM outfit in the country. The man can be classified as a Master planner.
We know they are some shortfalls in his track record but he has tried. Kahinda, clean up and you will be the best.
The issue of arrest without trial which is called Protective Arrest is universal around the world and one of the first principle of forming Police by Sir Robert Peel in 1822. Many countries do have what we call,Police and Criminal Evidence Act and with this act police have powers to arrest someone who as committed a crime,going to committe one,they believe will do so,endanger other pple or cause breach of peace. So if they believe that someone will committe an offence they must stop him be4 he does so,preventing is better than cure. ok pple