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
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