Sejusa lawyers want court to reject AG affidavit

Lawyers representing ex-coordinator of Intelligence Services, Gen. David Sejusa alias Tinyefuza have asked court to strike out Attorney General's affidavit containing crucial evidence seeking to block Sejusa's retirement.

Appearing before the deputy registrar of the Civil Division of the High Court Margret Oguli-Oumo yesterday, Maxi Mutabingwa argued that the affidavit was filed in court out of time and requested court to reject it.

"The 56 days within which the affidavit was filed in court has expired. We pray that it is struck-out with costs," Mutabingwa requested. The affidavit was sworn by Brig. Ramadhan Kyamulesire.

Oguli said that it would rule whether to allow the affidavit on record or to strike it out this morning (Wednesday).             

The lawyers also demanded that Sejusa's retirement application be heard ex-parte (one party). Ex-parte is an action in a legal proceeding brought about by one party without the participation or presence of the opposition.

The former Coordinator of Intelligence Services, Gen. David Sejusa alias Tinyefuza gestures at Civil Division of the High Court before hearing of his application for retirement on 5th Apr. 2016. Photo by PETER BUSOMOKE

In his affidavit, Kyamulesire contends that even if Sejusa's application to retire from UPDF was treated as a registration of commission within the means of section 66 of the UPDF Act, the section does not provide that upon the expiry of 90 days Sejusa shall be presumed constructively discharged.

He avers that Sejusa's retirement application is being considered by the UPDF commissions Board in accordance with the provisions of the UPDF Act.

He further contends that he has never received any instructions from President Yoweri Museveni regarding Sejusa's retirement.

"I attended a meeting with the applicant's lawyers chaired by H.E the president and the Commander in Chief of the UPDF ON January 3, 2015 but I did not receive instruction regarding Sejusa's retirement," He said.

Senior State Attorney, George Kallemera said the trial judge on March 14, ordered that UPDF Commissions and Promotion Board be struck-of the matter and  Sejusa's application be amended, hence delay in filling the affidavit in court.

"Since the court ordered for the amendment of the application, we were waiting for the amended application to be served to the office of the AG as directed by court in order to respond to it," he argued.

Kallemera said the matter is of great, public, national and security interest in regard to the retirement of a military General, so the affidavit should be allowed.

Gen. Sejusa had dragged the Attorney General to court, seeking a declaration that he ceased to be an officer of the UPDF on April 8, 2015, since 90 days within which the army ought to have communicated its decision to him have expired.

Sejusa contends that he had not been receiving his salary, had his uniform and arms withdrawn, and was not deployed anywhere, meaning he had effectively been retired from the army.

He also wants court to order the UPDF Commissions Board to hand him his a discharge certificate as a sign that he has retired from the army