The High Court judge Esta Nambayo has set April 1 as the day she will deliver her ruling on a case in which two music promoters are challenging the indefinite suspension of the ‘Kyarenga’ extra concerts early last year.
In their lawsuit filed before the High Court, Abtex productions and Bajjo Events and Marketing Agency Limited state that the IGP’s decision stopping them from organising ‘Kyarenga’ Extra Concerts were made in violation of their right to a fair hearing guaranteed under Article 28,42 and 44 of the constitution.
The Attorney General (AG) and the Inspector General of Police (IGP) were jointly sued over the Police decision to indefinitely stop the ‘Kyarenga’ extra concerts.
Through their lawyer Mr. Abubaker Ssekajako, the music promoters contend that the Police directives were illegal, irrational and an abuse of the powers of their offices.
It is alleged that the decisions were made in violation of their right to a fair hearing guaranteed under Articles 28, 42 and 44 of the Constitution.
It is further alleged that the IGP blocked the music concerts where Kyadondo East MP Robert Kyagulanyi alias Bobi Wine had been listed as the main performer in the concerts that were slated at One Love Beach Busabala in Wakiso District, Lira, Gulu, and Arua.
However, the AG through the state attorney Ms. Josephine Kiyingi contends that the music promoters did not comply with the directives given to them and as a result of the noncompliance, the IGP was obliged to stop the shows.
“…the 1st respondent through his agents exercised their mandate as enshrined in the Police Act, Cap 303 and the Public Order Management Act 2003 because they had reasonable cause to believe that the arrest of the applicants was necessary to prevent them from committing an offense,” reads a sworn statement by Police Director of Operations, Assuman Mugenyi.
It is alleged the music promoters were forewarned that the music shows would be stopped in case of any breach of the directives. Mr. Mugenyi states that the case ought to be dismissed with costs for being fundamentally defective, incompetent and an abuse of court process.
They are seeking court orders quashing the Police decision contained in an April 19, 2019 directive halting ‘Kyarenga’ Extra Concerts indefinitely and instead direct the police chief to provide security at their concerts.
The music promoters are seeking an order restraining and preventing and stopping the IGP and AG and their servants from unduly interfering with their concerts and also stopping the IGP from assuming powers of authorizing and or sanctioning holding of music shows and celebrations of a social nature.
In April this year, the Assistant Inspector General of Police, Mr. Assuman Mugenyi directed police commanders to block all planned music concerts by Mr. Kyagulanyi.
According to the letter also copied to Abtex Promotions, the organiser of Easter Monday show at One Love Beach Busabala; Kampala Metropolitan Police Commander and all regional police commanders, Mr. Mugenyi directed that the commanders must comply because the musician cum politician had always disregarded the set and agreed-upon guidelines for such activities.