The Constitutional Court has dismissed a Petition that had been filed by local musician Richard Kaweesa in which he had accused President Museveni of stealing his famous Song titled ' Another Rap'.
In 2019, Muscian Kaweesi filed this Petition under Article 137 (1), (21, (3), (4)and (7) of the 1995 Constitution challenging the constitutionality of President Museveni's act of asserting that he was immune from legal proceedings by virtue of being the President of Uganda.
This was a defense to Kaweesa's suit he had filed against him in the High Court for allegedly infringing upon his copy right in the said song when he sang it and also claimed that it was his own.
Five justices of the Constitutional Court led by Cheborion Barishaki on Monday ruled that Kaweesa's Petition raises no issue or question for constitutional interpretation and ordered each party to bear its own costs.
In his ruling justice Barishaki stated that Kaweesa's claim that his rights to a fair hearing and property were infringed upon due to the inability to have his case against President Museveni heard, relate to enforcement of rights and do not have to be considered since the Constitutional Court does not have jurisdiction to try matters for enforcement of rights.
" It is clear and we agree with counsel for the appellant that the President cannot be subjected to any court proceedings during his term in office." Justice Barishaki stated.
In his written defense, through an affidavit sworn in by Edwin Karugire, President Museveni had asserted that he is by virtue of Article 98 (a) of the 1995 Constitution not liable to proceedings in any Court.
