By Edward Anyoli
THE Attorney General has asked the Supreme Court to throw out an appeal by Kampala Central Mayor Godfrey Nyakana against NEMA.
The Attorney General said NEMA demolished Nyakana’s house in 2004 because it was built in a wetland.
Senior State Attorneys George Kallemera and Christine Akello who represented the Attorney General in their written submission presented to court said NEMA took that decision because it was protecting the environment from destruction.
Nyakana appealed against the Constitutional Court decision where it ruled that NEMA was right to order the demolition of his residential house in Bulogobi.
Through his lawyer Mohammed Mbabazi, Nyakana is seeking court order to award him costs and damages for demolishing his house.
He also wants the Supreme Court to declare sections of National Environmental Management Act that provide for environmental restoration unconstitutional.
Both the Attorney General and NEMA opposed the orders sought by Nyakana and asked the court to maintain and uphold earlier decision of the Constitutional Court that dismissed Nyakana’s appeal.
Kallemara and Akello told Court presided over by a Coram of Judges Bert Katureebe, Benjamin Odoki, Galliano Okello, William Tsekooko, Esther Kisaakye, Stella Arach Amoko and Christine Kitumba that the sections in the National Environmental Management Act that provide for environmental restoration orders operate in the public interest and court should agree with the earlier decision of the Constitutional Court.
Constitutional Court on November 9, 2009 dismissed Nyakana’s appeal and agreed with Attorney General and NEMA, that it was right to order the demolition.
Nyakana being dissatisfied with Constitutional decision appealed to the Supreme Court saying the lower court erred when it acted without due diligence and illegally by destroying his house.
Nyakana argued that the sections that give mandate to NEMA for environmental restoration are unconstitutional. Court will give its ruling on notice.
Attorney General, NEMA want Nyakana''s case dismissed