Vice-President does not enjoy Presidential immunity while acting in the capacity of President

Constitutional Court of Uganda: In the plea regarding dismissal of corruption charges against the Vice-President while acting in the capacity of the President , a five judge bench of the Ugandan Constitutional Court held that despite interpreting Article 137(1); of the Ugandan Constitution in its literal manner due to non-ambiguity or no imprecision, the Vice-President is not covered under the immunity granted by Article 98(4) and 98(5) of the Ugandan Constitution as immunity being a right or privilege must have a clear and unequivocal expression of that privilege as in the case of Kenyan and Nigerian Constitutions which extend the immunity to people holding the office of the President. Since the Ugandan Constitution does not do so, therefore, the immunity of the President is not passed to the Vice-President while acting in capacity of the President. The petition was thus dismissed. Prof. Gilbert Balibaseka Bukenya v. Attorney General, Constitutional Petition No. 30 of 2011, decided on August 10, 2011

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