Justice Egonda-Ntende, in a 10-page ruling, said that that he had found the PPA and the Implementation Agreement to be joined and public documents. He threw out the argument by lawyer James Matsiko for the government that the case by Green Watch be dismissed because the organisation was already in possession of the contested documents.
Earlier, government had avoided producing the documents claiming they did not exist and thereafter saying it would be a threat to national security if released. Green Watch later produced copies of the documents, which they obtained from Parliament. Justice Ntende ruled that government had abandoned its earlier position that national
security could be prejudiced if the documents were made public. He also argued that as long as the state was in possession of information, such information could be accessed by the public under article 41(1) of the Constitution. “This case sets a precedent that allows Ugandans to exercise their right of access to information,” Green Watch lawyer Kenneth Kakuru said. “Agreements like the one executed in the sale of Uganda Commercial Bank to Stanbic can now be accessed under this case.”
Minister for Energy Syda Bumba said only the attorney general could comment on cases against the government.