By Frank Kamuntu
City lawyer Male Mabirizi, who became popularly known during the Presidential Age Limit case, is among the first Ugandans to show discomfort over President Yoweri Museveni’s directive to police to release all suspects who were arrested for being idle and disorderly.
Mabilizi has decided to drag the Government to court for not following what is in the constitution.
Mabilizi filed an application at the high court Civil division on Tuesday, praying court to issue an order to dismiss the President’s directive, because it’s not only illegal but also confuses his common sense.
He said he has no problem with releasing these idle and disorderly suspects but it should be done following laws, because this offense of idle and disorderly has never been repealed from the penal code act.
The Lawyer said that if Museveni was to do this, he would have first consulted parliament and thereafter parliament would be the one to determine whether to remove this offense from penal code or leave it.
Mabirizi noted that “The constitution states that IGP, courts of law and Directorate of Public Prosecution must work under laws. So the directive of President Museveni is just a matter of policy but not administration.”
In addition, the lawyer said that “May be if Museveni now feels mercy for some people and feels he should forgive them, then he should act on advice of Prerogative of Mercy Committee, where the procedure is that the Committee advises him on whether a certain convict should be forgiven or charged.
This comes after IGP Okoth Ochola issued a statement to police commanders instructing them not to arrest any person for idle and disorderly and to release all those who have been in custody for the same offense.
In the same statement, Museven directed that all people who were arrested by the KCCA enforcement officers and are in prison for failure to pay a fine of Shs1 million be released immediately.