LDC Court Grade One Magistrate Roselyn Nsenge has directed for the immediate release the people power affiliated and young democrat Moses Bigirwa from Prison, after discovering that he was charged under an expired and canceled Law that was by the Supreme Court, in a case filed by Charles Onyango Obbo against Government in 2002.
Magistrate Nsenge made the order as she appeared in Court to deliver a ruling on whether to release Bigirwa on bail.
She wondered why on 4th/January/2019 when Bigirwa was arraigned before Court, neither his Lawyers led by Samuel Muyizzi nor Prosecution’s Roselyn Kipora raised this constitutional illegality of a fatally defective charge of Publication of false News.
She noted that Section 50 of the Penal Code Act which criminalizes the said offence was found to be inconsistent with Article 29 of the Constitution which guarantees freedom of speech and expression, meaning it is no longer good law and no one can be dragged to Court under the same law if he/she has not defamed anybody in the Process of expressing themselves.
It’s against this background that the Magistrate ordered for Bigirwa’s release from Prison, and the defence team including MP Asuman Basalirwa and DP’s Kenneth Paul Kakande asked her to close the case file, but Prosecution instead asked for an adjournment for DPP’s opinion.
This direction of State Submission was not welcomed by the Defence team which reminded the Magistrate that her ruling was factious official and that if she was inclined to grant the adjournment, then the matter should be referred to the Constitutional court for interpretation.
At this stage, Magistrate Nsenge decided that she adjourns the matter to 28th/January/2019 for ruling on whether to refer the matter to a higher court.
She advised the parties to file written submissions for or against referring the matter to the Constitutional court.
Bigirwa was accused of incited violence and giving false information about the NRM government that it planned to Kill Bobi wine during Arua by-election campaigns.
Moses Bigirwa was arrested in December 29th, 2018 after a radio talk show and detained at Kawempe police station.