101. We found indeed that the Attorney General’s legal opinion to the
IGG was merely advisory and did not have a binding effect. Hence,
the IGG acted independently in accordance with her constitutional
mandate. Consequently, once we have dismissed Issue No.3, prayer
(2) becomes moot and is thus disallowed.
102. Prayer (3): An order enforcing compliance with and adherence to
the Treaty and directing the Government of Uganda to immediately
adhere and comply with the Treaty by taking measures to recover the
USD17,826,038.94 from M/S Quality Chemical Industries Ltd rather
than deeming the same to have been recovered through the review
and amendment of the original Memorandum of Understanding at the
execution of the Amended Memorandum of Understanding and
Guarantee.
103. Firstly, the above prayer is grounded on the alleged violation of the
Treaty.
104. Secondly, prayers No.1, 2 and 3 are interconnected and once we
have disallowed the precedent prayers, the third one automatically
collapses.
105. Prayer No.4: An order that the costs of this Reference be paid by
the Respondent.
106. Rule 111(1) of the EACJ Rules of Procedure provides that costs
shall follow the event in any proceeding unless the Court shall for
good reasons otherwise order. In that regard, we did not find any
public interest in this Reference, rather the Applicant (Whistle-blower)
was prompted by personal interests as an alleged whistle-blower.
107. Accordingly, the Applicant shall bear costs for this Reference.
Reference No. 5 of 2013
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