Museveni challenges EAC court over role in infrastructure development

Ugandan President Yoweri Museveni has challenged the East African Court of Justice to avoid legal decisions that delay government infrastructure projects, arguing that prolonged litigation can undermine economic development and regional integration.

In a speech delivered on his behalf by Uganda’s First Deputy Prime Minister Rebecca Kadaga during the court’s 25th anniversary celebrations in Arusha on Nov. 12, Museveni questioned whether the regional tribunal was fulfilling its purpose when legal challenges obstruct development projects.

“Was it created so that idle people in Kampala, Nairobi, or Bujumbura can come to Arusha to argue endless technicalities and obstruct development? No!” he said.

Museveni argued that East Africa’s prosperity depended on expanding production, infrastructure and regional markets rather than prolonged litigation.

“Prosperity does not come from prayers alone, nor does it come from endless litigation. Prosperity comes from producing goods and services and having someone to buy them,” he said.

He cited hypothetical cases in which court injunctions could delay roads, railways and hydroelectric dams for three years, increasing infrastructure costs and affecting economic development.

“You are sabotaging the very people you claim to protect,” he said, referring to those seeking injunctions against government projects.

Museveni added: “Justice that delays infrastructure, justice that protects smugglers, or justice that frustrates regional integration is not justice; it is okukonesa it is mis-cooking our future.”

He did not identify any specific EACJ case or infrastructure project delayed by a court injunction.

Judicial independence and regional development

The remarks raise questions about the balance between governments’ development priorities and the court’s responsibility to uphold the law under the East African Community Treaty.

Under Article 23 of the Treaty, the EACJ is mandated to ensure adherence to the law in its interpretation and application.

Museveni criticised judges who, he said, adopt European legal precedents without adequately considering the economic circumstances of developing countries.

“The law is not a suicide pact. The law is an instrument of social transformation and economic liberation,” he said.

EACJ President Justice Nestor Kayobera, meanwhile, emphasized judicial independence, impartiality and integrity as essential to the court’s credibility.

Trade and investment disputes

Museveni also urged the court to protect regional trade commitments under the EAC Customs Union and Common Market, particularly the removal of non-tariff barriers that restrict cross-border trade.

“We created this Court to be the guardian of the Treaty,” he said, warning against officials blocking the movement of East African goods across borders.

He also argued that delays in commercial dispute resolution could discourage investment and employment.

The court is seeking expanded jurisdiction under Article 27(2) of the Treaty to cover additional areas, including trade, investment and monetary affairs.

Museveni’s remarks came as the EACJ marked 25 years since its inauguration in November 2001 and launched its Strategic Plan for 2026/27–2031/32.

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