The Governor Bank of Uganda, Emmanuel Tumusiime Mutebile has been told not appear before the Inspector General of Government because he did so, he would be breach the provisions of the constitution.
Writing in his column in the Daily Monitor, seasoned lawyer, Peter Mulira says the powers given to the Inspectorate and to the IGG are not executive powers and they are limited to enabling powers to carry out the functions set out in Article 225.
“These powers are reserved for the Director of Public Prosecutions under Article 120 of the Constitution and can only be exercised by him following police investigations. In short the Inspectorate’s power to prosecute any person is qualified by Article 120.”
He added “If the Governor of the Bank of Uganda were to succumb to the directives of the Inspectorate, he would be in breach of this provision of the Constitution.”
Recently, the IGG faced with the conundrum as to whether the Bank of Uganda Governor acted within his powers to make administrative changes at the Central Bank, one of which involved the retirement of Justine Bagyenda, the erstwhile Director of Bank Supervision. Ms. Bagyenda has since sought the protection of the IGG, who in turn has reportedly blocked the changes made by Prof. Mutebile.
‘This is to direct the Board of Directors of BoU not to ratify any actions or decisions taken by the Governor on or around February 7, 2018 in relation to the impugned appointments and transfers until such time as the investigation by the Inspectorate has been concluded or until this office directs otherwise’, the IGG’s March 12 letter states in part.
But in his five-page strongly-worded letter which he copied to among others President Yoweri Museveni, Speaker Rebecca Kadaga and Prime Minister Dr. Ruhakana Rugunda and finance minister Matia Kasaija, Prof. Mutebile draws the attention of the IGG to Article 162 (2) of the Constitution that guarantees the independence of the BoU from direction of any authority in the country. Others copied in include the Attorney General, the Auditor General and members of the BoU Board of Directors.
‘In performing its functions, the Bank of Uganda shall conform to this Constitution but shall not be subject to the direction or control of any person or authority,’ the Article states in part.
Mutebile adds: ‘The Article in question is clear, unequivocal and unambigious on the Independence of the Bank of Uganda and the fact that Bank of Uganda is not subject to the direction or control of any person or authority and therefore no outsider, including your office can interfere with the decisions of the Bank of Uganda’.
Interestingly, his column, Mulira also says Article 230 is not independent of Article 225(e).
“Secondly, Article 230 is not independent of Article 225(e), which limits the Inspectorate’s power to cases to which the article applies. Article 225(e) does not apply to Article 162(2), which affirms the independence of the Bank of Uganda.”
