Harvard student petitions East African Court over Museveni twitter case

Mr Hillary Innocent Seguya Taylor. COURTESY PHOTO  

By ANTHONY WESAKA

A Ugandan student living in the US has run to the East African Court challenging a decision in
which the High Court in Kampala held that it was okay for President Museveni to block a follower on his Twitter account.
Mr Hillary Seguya Innocent, acting through his agent, lawyer Male Mabirizi, states that the Kampala High Court in okaying @KagutaMuseveni to block him undermines the principle of accountability by those in government.

Mr Seguya had argued that President Museveni, Mr Ofwono Opondo, the executive director of the Uganda Media Centre, and AIGP Asan Kasingye, unjustly blocked him from following them on their respective Twitter handles.
The petitioner claimed that the named officials use the said private Twitter accounts to disseminate information relating to the activities of their public offices and to get feedback from citizens.
He added that their decision to block him, was improper since they were the only channels of communication he was relying on to get information on governance about his country of origin.

“The President is a public officer and a holder of a Twitter social media platform handle @KagutaMuseveni and there is no other official handle for his office. He opened the Twitter handle when he was holding the office of the President and he has since been using it in his official and not in private capacity,” Mr Seguya had stated in his law suit.
But about two months ago, justice Andrew Bashaija, ruled that Mr Museveni while using his private Twitter handle, is at liberty to choose who follows him and whom to block.
“Being private Twitter handles, therefore, the respective persons (President Museveni, Mr Ofwono and AIGP Kasingye), have the latitude to choose whom to allow or block in those handles,” Justice Bashaija ruled in May this year.

“Equally, there is nothing illegal or which precludes a public official from using his private Twitter handle to communicate or comment on a private matter or an issue of public concern. That would not in itself transform a private Twitter handle into public,” the judge further ruled.

Mr Seguya, in his reference to the regional court that he filed on July 17 highlights what he calls the flaws occasioned to him by the decision of Justice Bashaija.

They include; sending him a judgment that was not signed, that actions of public officials in Uganda cannot be challenged by way of judicial review and delivering his judgment outside the 90 days required by the Judiciary.

Subsequently, he has asked the regional court to reign-in on Uganda, arguing that being a partner state, it should abide by fundamental principles of the EAC which include among others; good governance, democracy and social justice.

The regional court has since summoned the Attorney General in his capacity as the chief government legal adviser to file his defence in regards to the case within 45 days and thereafter, the matter can be heard.

"You are hereby notified that the above names applicants have instituted a reference against you (AG). You are required to file a response within 45 days from the day of service hereof and in default, the reference will be heard and determined in your absence," reads in part the court's summons to AG.

awesaka@ug.nationmedia.com