AG Apologises On Ssemo Case Loss

Feb 10, 2004

THE Attorney General, Francis Ayume, has apologised for failure by his staff to submit to the Supreme Court some vital evidence showing the Constitutional (Amendment) Bill was passed by Parliament in accordance with the Constitution.

--- Ayume says junior officers did not tender vital papers
By Henry Mukasa
and Joyce Namutebi

THE Attorney General, Francis Ayume, has apologised for failure by his staff to submit to the Supreme Court some vital evidence showing the Constitutional (Amendment) Bill was passed by Parliament in accordance with the Constitution.

Ayume admitted that his staff did not tell the court that the Bill was forwarded to the President for assent together with the required certificate of compliance. They also did not submit the Hansard showing that voting was by head-count and not by voice-voting.

“I apologise to the Speaker for this serious omission on the part of my officers who handled the case (filed and won by Paul Ssemogerere and others), and for their failure to produce the relevant copy of the Hansard to prove that the head- count procedure was in fact used when passing the Act in question,” Ayume said.

He said the three commissioners who prepared the Government case and the one who handled it in court “erroneously” treated the matter of adducing that a certificate of compliance was sent to the President along with the Bill for assent, as “a mere technicality as to necessitate production.”

He said he was not involved in the case initially.

Ayume said he was consulting “high profile” lawyers on the possibility of applying for review of the Supreme Court ruling that annulled the Constitutional Amendment Act No. 13 of 2000.

“The possibility of applying for a review of the decision of the Supreme Court has been suggested on the grounds that the certificate of compliance under Article 262 of the Constitution was in fact duly transmitted by the Speaker of Parliament with the Bill to the President (for assent). And that the nullified Constitutional Amendment Act was in fact passed using the head- count procedure. I am still consulting on this matter with a view of taking appropriate action,” he added.

Ayume said this yesterday while making a ministerial statement on “the legal implications of the Supreme Court ruling that declared unconstitutional and null and void Constitutional Amendment Act No. 13 of 2000.”

The session, the first after MPs returned from Christmas recess, was presided over by Speaker Edward Ssekandi.

Ayume remained cool in the face of a barrage of criticism that he had “caused loss to the taxpayer, embarrassed Parliament and opened the House’s records to all who need to challenge parliamentary decisions.

He was equally composed when MPs attacked him for presenting an unedited statement with many mistakes. He was asked whether he would consider retiring in public interest.
“I will not be here (as AG) until I die. Time will come when I will retire. I am waiting for that appropriate time,” Ayume said.

Ayume made a stunning revelation that his chambers lack “good staff” to measure up to the task before them. He said the good officers had quit for private service. He said while the Government pays its lawyers only sh500,000, private lawyers earn up to sh300m.
Ends

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