MinBane

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Archive for the tag “Mike Chibita”

The President’s Man: Justice Mike J. Chibita

I had never met the president. I was picked by my supervisor; so, I went, picked my tour there and I finished [and] came back. So, it is not that the president has groomed me because I met him when I was somewhere in my career. It is true that I picked a leaf from his work ethic – he is a hardworking man and if Ugandans picked his work ethic, we would be far. But to say that I am a cadre or puppet, that is not true. You just need to ask people who have associated with me: I am a professional lawyer and I have been a professional judge”Mike Chibita interview with the Observer in October 2013 (Sulaiman Kakaire – ‘Chibita: I am a professional’ 30.10.2013, The Observer).

That lawyer Mike Chibita now gets appointed to the seat of the Supreme Court is just a justification to fix the friendly judges for the General Election of 2021. Chibita has been the Director of Public Prosecution since 2013. The DPP has followed orders from “high above” and been a loyal man from the side of prosecution, if it meant putting Besigye behind bars or pinning charges on opposition leaders. Chibita has done that as the noble and “good lawyer” he is.

Between 2008 to 2013, he worked as judge on the High Court before appointed the DPP. Like he had already worked as Private Secretary for Legal Affairs, in the Office of the President for seven years at the State House between 1996 to 2003. So, his been in close association with the President and the upper echelon

So, the now appointed judge to Supreme Court just happens in advance of the General Election. This seems planned and seems to give an edge, to have someone the President can trust and knows is eligible as well. It is not like Chibita isn’t a career lawyer and doesn’t have the credentials, but his not picked because of his rebellious acts or independence. His been a man of the code and following the orders from high. Like for instance in late 2016, the President directed Chibita to drop charges against Taxi Operators in Kampala, which he did. Therefore, the President knows what he gets from this man.

Like the man should in 2018 have answered for this: “ The Director of Public Prosecutions has ordered the Police to compile and submit all files related to torture of victims in custody for them to be able to institute a case. Lawyers Erias Lukwago and Asuman Basalirwa who are representing suspects who have suffered at the hands of violators of human rights believe that the DPP’s directive is a mere statement” (NTV Uganda, 24.08.2018). This is currently the state of the rule of law, which the lawyer and high ranking official has supported over the years. Because, it is lack of will to prosecute the ones who are violating the law from the state side. The DPP says his dropped 10 cases a day, most likely the ones who are in-connection with other high ranking officials within the government and the State House. Since, only the small fish or opposition gets handled. Not like the DPP or the state has dropped cases against Besigye or Bobi Wine of late. Neither Dr. Stella Nyanzi or anyone else in his term. Mike is a loyal dude and that shows of what his done of late. Even sent Besigye directly to Luzira. Because, he wanted to show loyalty as well.

We knows how he thinks he can sway opinion, when he wrote this: “Many Ugandans, for whatever reason, are quick to believe in conspiracy theories. Many citizens think that judicial officers receive

phones calls from State House telling them how cases should be handled. I suppose such occurrences are possible, but I never experienced anything like this during my time as a judge.

Political pressure on judicial officers is more likely to be applied through other means. One particularly effective way of applying political pressure concerns the power of the purse. In Uganda the funding of the judiciary is determined and conducted by the other two arms of government” (Mike Chibita – ‘JUDICIAL ETHICS: THEORY AND PRACTICE’ article from “Legal Ethics and Professionalism – A Handbook for Uganda” D. Brian Dennison / Pamela Tibihikirra-Kalyegira (Editors) 2014).

So with the knowledge of this and his many roles within the administration over time. From his time in the Uganda Revenue Authority to the State House, at the Office of the Auditor General and the Director of Public Prosecution, not to mention the High Court and now the Supreme Court.

I wouldn’t believe this appointment would happen, unless the President was assured. That when he calls, when he directs Mike, he will and listen. Not to forget be compensated for doing so. Especially, in concern of possible Election Petitions in 2021. Because, if there are anything happening. The Supreme Court is filled with friendly, loyal faces like Chibita. Who will not throw the President under the bus, but follow the code and the directions made. That is who this man is.

That is why he has complied and followed, that is why his been directed and have been elevated. Because, his follows and does what needs to be done. Not because his the greatest person on planet earth. Neither, because of his faith or his work ethic. It is because he knows his place and knows how to play it. From making gestures to everyone at the State House, to be dropping charges as the DPP on the orders of the President. He knows when to act and when to react. Peace.

Uganda: Clarification from the Office of the DPP on the Kanyamunya Case (01.11.2018)

Uganda: UPDF and Guardian Primary School Authorities Standoff (13.02.2018)

UPDF: “Allegations by Lt. John Harrison Obote” (18.01.2018)

Uganda Law Society Statement on Attacks on Lawyers in Line of Duty (18.07.2017)

Letter to the DPP from UAP: “Re: Industrial Action from the Uganda Association of Prosecuters” (11.07.2017)

Another Day, Another Bail hearing for Besigye as his treason case is now 413 days old!

To say that Forum for Democratic Change (FDC) leader and former Presidential Candidate Dr. Warren Kizza Besigye Kifefe (as almost everyone knows as Kizza Besigye), knows the court system of Uganda and knows the terms of his proceedings. He is still charged with treason, he was first charged in Moroto Magistrate Court on the 13th May 2016, which means his pending trial has lasted 1 year 1 month and 17 days in total or 413 days to be exact. That is severe violation and his times for bail hearings has been steady since then. Before this at least twice he has already vowed not to come back to Nakawa Court. Which isn’t strange, but that he does again today. Hopefully he will continue with defiance within his own realm, since that is needed. The State is clearly stalling time and keeping him at bay, with the easy monitoring of his acts and appearances all around in the Republic.

Here is today’s statement after being again at the Nakawa Magistrate Court after another bond/bail-hearing:

Some time back, I had decided not to come to Nakawa court, but at that time, my bail reporting which was at the high court (Registrar) was shifted to Nakawa Magistrate Court. I have been reporting here both for bail and therefore for appearance in the Magistrate Court. I think the time has come to also say no to the bail because it is the bail that was still bringing me here. So I have informed my lawyer that I will not come back to this court over this matter. They can cancel the bail, I have no problem at all- they can cancel the bail and take me back to prison if that is their wish. From today, I will not come back to Nakawa Magistrate court for appearance or for bail. I will not appear in this court on 1st, Sept, 2017.” – Dr. Kizza Besigye

All who has followed the situation or understand the simple plain fact, that if the government had a case against Dr. Kizza Besigye, it would been in the works and the bail-hearings would just continue. Since they haven’t really started any investigation or planned anything. If it was so, there would be more collecting evidence against him and the FDC Party. Because if this was a serious case, they would have done more with the first days after the General Election in 2016 and the Swearing-In.

But the Police Force and the State Legal Team hasn’t considered or done so, this has been for a show and been to keep the FDC and Besigye occupied. Not a serious charge, neither an honest investigation into the supposed crimes against the state. If the republic really feared Besigye and though of him as an arch-criminal, they would have made sure he was indicted and gone through the court process. Therefore, the whole operation has been to stop him from working against the state. But not really trying him for treason.

Unless, they have reports and affidavits of the ones knowingly of his acts of treason comes forward, unless the justices and judges are making a case worth damn. Which seem unlikely at this point, since May 2016 has left, the same has May 2017. Its over a year and nothing. Tiwali, non, any kind of way you say nothing. Besigye if he had done anything treacherous they would have actually gotten the intelligence and the culprits together with him. They would have all been soaking time in Nalufenya. Were none of the bandits that tried to counter the state are kept. Certainly a man who does a treasonous usually doesn’t do it alone.

But hey, maybe the Republic and the Courts has some answers for their one period of keeping the suspense and has some secrets at the Okello House, as there usually all acts of the State is sanctioned from. Peace.

UPDF: Military Police has not taken over Police Powers and Resources (21.06.2017)

Uganda: UPF Circular – “Individual Responsibility for Court Awards Arising out of Police Action” (13.06.2017)

Uganda: UPF Circular – “Arresting People for the Offence of Idle and Disorderly” (13.06.2017)

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