Tumukunde in court to block replacement

Jun 15, 2005

BRIG Henry Tumukunde has applied to court seeking to block the army by-election to fill his seat in Parliament.

BY HILLARY KIIRYA
BRIG Henry Tumukunde has applied to court seeking to block the army by-election to fill his seat in Parliament.

Tumukunde filed the application on Monday seeking orders to restrain the Attorney General, the Electoral Commission, the Army High Command and the Army Council from replacing him until the petition is disposed of.

Through his attorneys led by Emmanuel Twarebireho Tungwako, Tumukunde said, “Unless restrained by court, the respondents (Attorney General and Electoral Commission) will proceed to organise and conduct elections to replace the applicant (Tumukunde) as Army representative in Parliament before the disposal of the petition, thereby rendering the relief sought nugatory.”

Other lawyers on the panel include Oscar Kambona, McDusman Kabega and Enos
Tumusiime. The lawyers also represent Tumukunde in the criminal cases against which the army recalled him from Parliament.

Electoral Commission spokesperson Jabweli Okelo said no date had been fixed for the by-election. The commission has 60 days to hold the by-election.

“On June 17, 2005, I filed a constitutional petition challenging the constitutionality of certain acts of the Commander-in-Chief (President Yoweri Museveni) and some senior officers of the UPDF, the Speaker of Parliament and the Electoral Commission regarding my position as Army representative in Parliament.

“I have been informed by my advocate and I believe his information to be correct, that owing to the busy schedule, the Constitutional Court has not yet fixed a near date for hearing and disposal of the petition.

“I am aware that the respondents are actively taking steps to organise and conduct elections for my replacement as Army representative in Parliament. If the said election is organised and held before the said petition is heard and disposed of, the reliefs sought in the petition will be rendered nugatory and my rights to access court and to be accorded a fair hearing and effective redress will be irretrievably lost.

“I swear this affidavit in support of the application for an order restraining the respondents from taking further actions and steps towards the conduct of elections for my replacement as Army representative in Parliament,” Tumukunde said in his affidavit.

Tumukunde, who is on remand at the Senior Officers Mess in Kololo, was arraigned before the General Court Martial for breaching army laws.
Ends

(adsbygoogle = window.adsbygoogle || []).push({});