Parliament was yesterday set to launch investigations into the Shs6b oil cash bonanza dished out to 42 government top officials for the role they purportedly played in the oil dispute between Uganda and Heritage Oil and Tullow Oil over capital gains tax.

However, when Mbarara Municipality MP, Michael Tumusiime moved a motion calling for investigation of the money dished out, the debate was interrupted by the deputy Attorney General, Mwesigwa Rukutana who informed Parliament that he had been served with a Court order regarding the debate of that particular topic.

The order, issued by Justice Steven Kavuma barred parliament from discussing or investigating the matter.

In response, the Speaker of Parliament, Rebecca Kadaga suspended the house until the “Attorney General vacates the stupid order”.

The Uganda Law Society (ULS) has come out to the defense of parliament. Through a statement issued Wednesday by the Francis Gimara, the president ULS, he said that Kavuma’s directive stopping Parliament from debating the Shs6 billion oil cash bonus closes down parliament as an arena to debate issues of public importance and those related to how public affairs are managed.

“The order sets a dangerous precedent with serious negative effects on the functioning of the legislative organ of the state,” he said further adding that the principle of separation of power forbids the judiciary from intervening in the deliberative process of parliament and that its mandate is limited to determining the validity of the outcomes from the legislative process.

“ULS has decided to apply to be joined as an interested party to constitutional petition NO. 07 of 2017 from which the impugned order arises. ULS will move to challenge the interim order and the petition. We urge parliament and all decision makers to strengthen the vetting process for the appointment of judicial officers. It should be recalled that the Judicial Service Commission had reservations about the appointment of the Deputy Chief Justice and parliament appointment committee glossed about it,” he advised.

In a related move, a statement issued today by Judiciary’s Chief Registrar, Paul Gadenya Wolimbwa, they applauded parliament for respecting the order and advised them to appeal it if they are aggrieved.

“The Judiciary has noted that parliament is aggrieved by the decision of the Constitutional Court and has in that respect directed the Attorney General to take immediate steps to have the order set aside by the Constitutional Court. The action taken by parliament is commendable and is in accordance with the rule of law because the law allows any aggrieved party to appeal or challenge the decision of a court,” reads a statement by Wolimbwa. He further adds that the AG is at liberty to appeal the decision.

Meanwhile, another lawyer, Isaac Ssemakadde has petitioned High Court seeking orders to sue Doris Akol, the Commissioner General of Uganda Revenue Authority (URA) on behalf of those who received the oil case bonuses.

He argues that that Akol and other officials allegedly received the impugned cash bonuses through unlawful, irrational, unfair, arbitrary and unjustifiable procedure and thus they ought to refund the monies to the national treasury.

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The move by government to block debate by Parliament regarding the sharing of billions of oil money by senior government officials has rubbed the Speaker of Parliament Rebecca Kadaga the wrong way, prompting her to order Attorney General William Byaruhanga to vacate a court order issued by controversial judge Steven Kavuma.

In August last year, 42 officials from the Uganda Revenue Authority (URA), the ministries of Finance and Justice, and the Attorney General’s Office, shared Shs6 billion, part of the US$434 million ‘saved’ after they reportedly won a Capital Gains Tax case for Uganda against two oil prospecting companies, Heritage Oil and Tullow Oil. The sharing provoked unprecedented outrage from several quarters, including Parliament which set in motion plans to investigate the matter.

It is against this background that a one Eric Sabiiti, an employee of the Electoral Commission (EC) run to the Constitutional Court, seeking to block the parliamentary investigation.

In the ensuing activity the matter came before Justice Kavuma, a judicial officer regarded by many as one who grant controversial court orders to the advantage of the state, and he did not disappoint: he issued an interim restraining court order.

“An interim order is hereby issued restraining Parliament, any person or authority from investigating, questioning or inquiring into the impugned bonus payments and or staying all proceedings of whatever mature. If any, which may be pending before any forum whatsoever arising from the impugned payments, until the main applicant No 06 of 2017 has been heard and determined,” reads Kavuma’s order.

And, this afternoon Speaker Kadaga was in mood to entertain ‘stupidity’; she rejected the court order by Justice Kavuma that was presented by Deputy Attorney General, Mwesigwa Rukutana.

Indeed, Kadaga insisted that Rukutana and team withdraw the Kavuma court order or she adjourns Parliament indefinitely.

“I direct the Attorney General to move to Court and have this stupid order vacated,” Ms Kadaga said, adding: “I will adjourn the committees and plenary until the Court order is vacated.”

Earlier, Kadaga had warned on the infringement of Parliament’s independence when she revealed that this wasn’t the first court order against Parliament.

“Honorable members, I cannot accept a situation where a court dictates on how we shall speak in this House, on how we shall write the order paper so a court is interfering with oversight powers of this house, it goes to the core of the democracy of this country.Honorable members, this order says we should inquire, we should not investigate that is unacceptable,” the Speaker said.

Kadaga was supported by former Leader of Opposition, Prof. Ogenga Latigo who said that the current fall-out between the three arms of government is as a result of the Executive.

“I think the executive should apologise to Parliament for trying to encourage this mischief of Court order” Prof. Latigo said.

The current bickering among the three arms of government brings back memories of the another court order issued by Justice Kavuma in 2014, when he ordered that four National Resistance Movement (NRM) ‘rebel MPs’ including Theodore Sekikubo, Barnabas Tinkasiimire, Wilfred Niwagaba and Muhammad Nsereko,  be kicked out of Parliament because they had been thrown out by their party.

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