Lukyamuzi, Nambooze win cases
Mar 31, 2010
THE Supreme Court yesterday ruled that the removal of Ken Lukyamuzi from Parliament by the Inspector General of Government (IGG) for failure to declare his wealth in 2005 was improper.It also said Parliament has to pay him from the time he was expelled up to the expiry of his term.
By Anne Mugisa, Catherine Bekunda & Justus Akampa
THE Supreme Court yesterday ruled that the removal of Ken Lukyamuzi from Parliament by the Inspector General of Government (IGG) for failure to declare his wealth in 2005 was improper.
It also said Parliament has to pay him from the time he was expelled up to the expiry of his term.
The court argued that the IGG was not a tribunal who could hear the case against Lukyamuzi and order his removal from the House.
Lukyamuzi, then MP for Rubaga South in Kampala, was also prohibited from seeking re-election during the 2006 elections.
DP firebrand Betty Nambooze also won her election petition yesterday
In Lukyamuzi's case, however, the court said he was wrong to refuse to declare his assets as required by the Leadership Code.
Lukyamuzi, who is also president of the Conservative Party, was all smiles after the court handed him the win over a technicality. He said he expects to be paid over sh70m in arrears, plus hundreds of millions in costs.
The court ruled that the IGG cannot be an investigator, prosecutor and judge at the same time. It said although Lukyamuzi was clearly in the wrong, the IGG was only supposed to investigate and prosecute him.
Justice Jotham Tumwesigye, who read the lead judgment, said he felt “regret and sympathy with the then IGG, Faith Mwondha, given the irrefutable evidence in her affidavit that the appellant had defied her orders and refused to co-operate with her in the course of her investigations.â€
He said such behaviour should be censured, especially as Lukyamuzi, being an MP, was expected to be exemplary.
Tumwesigye was supported by the remaining six judges on the coram, who were led by Chief Justice Benjamin Odoki. They blamed the drafters of the Leadership Code which provided for a tribunal which was never appointed.
The Constitution gives the IGG powers to enforce the code and also provides for a tribunal. The judges refused to blame Parliament, saying the clerk was acting according to the existing law and could, therefore, not be accused of failing to protect the Constitution.
They also absolved the Electoral Commission for barring him from nominations for the 2006 elections. They noted that the commission had been notified by Parliament that Lukyamuzi had been barred from holding any public office for five years.
Lukyamuzi’s lawyers had argued that Parliament and the Electoral Commission should not have acted on the IGG’s directive.
Asked for a comment, Speaker Edward Ssekandi said Parliament would respect the ruling and pay what is owed to Ken Lukyamuzi.
“He will be paid for the time he lost as an MP,†he said.
He noted that Lukyamuzi was free to participate in future elections.
Ssekandi denied that he connived with Mwondha to remove Lukyamuzi from Parliament.
“We were simply following the rule of law and it is good that he has won the case. This means Uganda follows the rule of law,†he said yesterday.
Ethics and integrity minister James Nsaba Buturo blamed Mwondha for the mishap.
“The former IGG refused to listen to advice from the Attorney General,†he said.
THE Supreme Court yesterday ruled that the removal of Ken Lukyamuzi from Parliament by the Inspector General of Government (IGG) for failure to declare his wealth in 2005 was improper.
It also said Parliament has to pay him from the time he was expelled up to the expiry of his term.
The court argued that the IGG was not a tribunal who could hear the case against Lukyamuzi and order his removal from the House.
Lukyamuzi, then MP for Rubaga South in Kampala, was also prohibited from seeking re-election during the 2006 elections.
DP firebrand Betty Nambooze also won her election petition yesterday
In Lukyamuzi's case, however, the court said he was wrong to refuse to declare his assets as required by the Leadership Code.
Lukyamuzi, who is also president of the Conservative Party, was all smiles after the court handed him the win over a technicality. He said he expects to be paid over sh70m in arrears, plus hundreds of millions in costs.
The court ruled that the IGG cannot be an investigator, prosecutor and judge at the same time. It said although Lukyamuzi was clearly in the wrong, the IGG was only supposed to investigate and prosecute him.
Justice Jotham Tumwesigye, who read the lead judgment, said he felt “regret and sympathy with the then IGG, Faith Mwondha, given the irrefutable evidence in her affidavit that the appellant had defied her orders and refused to co-operate with her in the course of her investigations.â€
He said such behaviour should be censured, especially as Lukyamuzi, being an MP, was expected to be exemplary.
Tumwesigye was supported by the remaining six judges on the coram, who were led by Chief Justice Benjamin Odoki. They blamed the drafters of the Leadership Code which provided for a tribunal which was never appointed.
The Constitution gives the IGG powers to enforce the code and also provides for a tribunal. The judges refused to blame Parliament, saying the clerk was acting according to the existing law and could, therefore, not be accused of failing to protect the Constitution.
They also absolved the Electoral Commission for barring him from nominations for the 2006 elections. They noted that the commission had been notified by Parliament that Lukyamuzi had been barred from holding any public office for five years.
Lukyamuzi’s lawyers had argued that Parliament and the Electoral Commission should not have acted on the IGG’s directive.
Asked for a comment, Speaker Edward Ssekandi said Parliament would respect the ruling and pay what is owed to Ken Lukyamuzi.
“He will be paid for the time he lost as an MP,†he said.
He noted that Lukyamuzi was free to participate in future elections.
Ssekandi denied that he connived with Mwondha to remove Lukyamuzi from Parliament.
“We were simply following the rule of law and it is good that he has won the case. This means Uganda follows the rule of law,†he said yesterday.
Ethics and integrity minister James Nsaba Buturo blamed Mwondha for the mishap.
“The former IGG refused to listen to advice from the Attorney General,†he said.