MTN, Airtel & Regulator Sued Over Uganda Election Internet Shutdown

Two lawyers have filled filed a case in the civil division of High Court in Kampala challenging the internet shutdown during Uganda’s General Election in which President Museveni was declared by the Electoral Commission as the winner. The country’s major telecommunication companies and the sector regulator have been named as respondents in the case the advocates have described as an unlawful disruption of communication services. The two advocates, Micheal Aboneka and Raymond Amumpaire, sued Uganda Communications Commission (UCC), MTN Uganda Limited, Airtel Uganda Limited and Tangerine Limited T/A Lyca mobile. The applicants contend that the shutdown, enforced during and around polling days, violated constitutional protections and disrupted access to communication services nationwide. According to court documents seen by this reporter, the applicants argued that the decision to restrict internet access was implemented without a clear legal basis and without public disclosure of the authority under which it was carried out. They maintain that the shutdown affected millions of users and interfered with access to information at a critical time. “The respondents jointly and severally participated in the interruption of internet-based communication service without lawful authority”, the applicants state in their pleadings. The suit challenges the legality of the directives that led to the suspension of internet services, arguing that any limitation on fundamental rights must comply with constitutional requirements. The applicants assert that no formal legal instruments were publically issued to justify the shutdown and that due process was not followed. They further accuse the Uganda Communications Commission of failing in its statutory mandate as the court documents, UCC either directed or permitted the shutdown without ensuring compliance with the Constitution and the Uganda Communications Act. “As the regulator, the Commission had a duty to safeguard the interests of the consumers and ensure continuity of communication services,” the applicants argue. MTN Uganda and Airtel Uganda are accused of implementing the shutdown despite the alleged absence of lawful directives. The applicants contend that while telecommunications companies may receive instructions from regulators, they remain bound by constitutional obligations and contractual duties to subscribers…