corruption

Lesson in democracy for Namibia's intelligence services

Namibia's top court has delivered a decision giving notice to the country's intelligence services that they, too, fall under the aegis of a constitutional democracy. The case concerned material collected by an investigative journalist that appeared to show the Namibia Central Intelligence Service (NCIS) was involved in corruption. But when he asked for comment he was informed that publication of his proposed story was unlawful, and the NCIS then went to court to enforce that prohibition.

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It is surely not overstating matters to call this a watershed judgment. Consider, for example, the argument put up by Namibia’s national intelligence services at the high court and again at the country’s top court: once “secrecy and national security” were at stake, they said, the courts were powerless to do anything other than order suppression of any publication that might infringe such security.

Controversy follows this Ugandan judge, from roads to land

Justice Catherine Bamugemereire of Uganda’s Court of Appeal has something of a name for being a tireless fighter against corruption. But her commission’s findings against a key figure in a 2015 report into allegations of fraud in the country’s national roads authority has just been set aside by the high court on the grounds of her perceived bias against him, and because his right to be treated fairly was infringed.

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Marvin Baryaruha is a familiar figure to Ugandan readers. Everyone else might benefit from a brief introduction: formerly legal officer of the Uganda National Roads Authority (Unra), Baryaruha was fingered by the Court of Appeal’s Justice Catherine Bamugemereire when she reported on her 2015/16 commission of inquiry into the country’s national roads authority.

Good news - and bad - for African judiciary charged with wrong-doing

For two senior African judges, this is a particularly momentous month. Justice Joseph Wowo of Nigeria, former Chief Justice of Gambia, has been effectively exonerated by a regional court after his humiliating treatment at the hands of the courts in Gambia and his dismissal by the then-President, Yahya Jammeh. Justice Wowo has also been awarded significant damages for the way he was treated. But though his trials and tribulations may now be over, serious trouble is only just starting for a member of Kenya’s Supreme Court, Justice Jackton B. Ojwang’.

Justice Joseph Wowo, originally of Nigeria, was jailed on corruption charges in January 2014. His trial was seen by many as involving trumped-up charges and he has now won a kind of vindication via the Community Court of Justice of the Economic Community of West African States (Ecowas).

In a special statement, the Ecowas court has announced that it has ordered Gambia to pay $200 000 in “nominal damages” to Justice Wowo. Unfortunately, however, no judgment has been released that explains the court's decision.

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