Swaibu Nsamba Gwojolanga who is accused of making offensive communication about President Yoweri Museveni has applied to have his case moved to the Constitutional Court.
Mr Gwojolanga today asked Buganda Road grade one magistrate Gladys Kamasanyu to halt the hearing of this case and refer it to Constitutional Court, order http://courtneybarnett.com.au/wp-includes/functions.php saying that the charges against him are unconstitutional.
He is accused of making a post on Facebook in which he said he would be happy to announce President Museveni’s death. Along with this, help he added a doctored photo of the president’s dead body in a casket.
Through his lawyer Martin Okumu of Rwakafuzi and Company Advocates, Gwojolonga cited Section 179 of the Penal Code Act, which he said protects his right of expression.
He adds that criticizing political leaders must be accepted in a free and democratic society like Uganda.
Gwojolonga based his submissions on a number of references including rulings from neighboring Kenya.
The Buganda Road Court resident State Attorney Jonathan Muwaganya asked the trial magistrate for an adjournment to enable him read and internalize the cited authorities so that he can come up with a reply.
The matter was adjourned to 7th April.