the IGG. It is the absolute right of the IGG to investigate and determine how to do it. Whether the President “directs” or “instructs” the IGG is in my opinion of no consequence since the Office of the IGG is independent and the IGG must take the decision independently whether to investigate and how to investigate. ……….He will most likely use the terms of command like “direct”, “order” or “instruct”, even where the officer ordered, directed or instructed has the powers under the Constitution to choose or to act or not to act.” 61. The Respondent therefore submitted that his legal opinion did not amount to a directive or an order to the IGG in as far as the IGG is constitutionally clothed with the powers to decide what actions she would take. In light of the foregoing, the Respondent invited the Court to answer Issue No.3 in the negative. DETERMINATION ON ISSUE NO.3 62. The issue before us is neither an issue of the IGG’s report nor of the content of the report, but an issue of consistency of the aforesaid letters of the IGG and Attorney General of the Republic of Uganda with Articles 6(d), 7(2) and 8(1)(c) of the Treaty. 63. From the onset and for the sake of clarity, it is important to recall the contents of the above Articles of the Treaty. Article 6(d) reads as follows:“The fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shall include:Reference No. 5 of 2013 Page 24

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