Court permits lawyers to move during lockdown

Advocates countrywide yesterday breathed a sigh of relief after the court allowed them movement during the Covid-19 pandemic lockdown and represent clients only in deserving including where fundamental rights have been abused.

Presiding judge Micheal Elubu ordered the Attorney General, who is the chief government legal adviser, to immediately put in place modalities to facilitate this process.

“Taking all the above into account, it is now directed by the court that the respondent (AG) provides detailed modalities, stating what mechanism in deserving cases, advocates may utilise for access to their clients to guarantee that their right to a fair hearing and the right to an order of habeas as stated in Article 44 of the Constitution is preserved,” Justice Elubu ruled.

Article 44 of the Constitution requires a suspect to appear in court with their lawyer and the right to freedom from torture should be protected.
However, the ruling does not give a blanket right to lawyers to movement but in only deserving cases that mainly fall under the aforementioned Article 44 of the Constitution.

This, the judge said he had taken into consideration the current worldwide pandemic affecting the globe and that its necessary to impose restrictions on people-to-people contact by curtailing their movements.

The judge also noted this application had partly been overtaken by events following Monday’s presidential directive.

President Museveni had on Monday directed the Uganda Law Society, to pick a limited number of advocates (30) at a given time to represent clients in urgent criminal matters such as court arraignment.

Petition. The court ruling arose from a petition filed against the Attorney General and Health Minister, Jane Ruth Aceng by a concerned advocate, Geofrey Turyamusiima, about a fortnight ago.

Mr Turyamusiima had sought court orders to include advocates on the list of essential workers who can freely move without being interrupted by the security during the Covid-19 lockdown.

He contended that the legal instrument No. 55 of 2020 issued by Dr Aceng on March 31, left out legal services offered by lawyers from the list of essential workers. This, he said had made them unable to move and rescue those caught on the wrong side of the law as they are stopped by security personnel.