IGG erred on Muhwezi judge - Ogoola
Feb 13, 2008
THE Inspector General of Government (IGG) did not follow the right procedure when she complained about the judge hearing the case of three former health ministers accused of misusing immunisation funds, the principal judge has said.
By Charles Ariko
THE Inspector General of Government (IGG) did not follow the right procedure when she complained about the judge hearing the case of three former health ministers accused of misusing immunisation funds, the principal judge has said.
This was contained in a letter dated January 21 that Justice James Ogoola wrote to the IGG, Justice Faith Mwondha.
Mwondha last year wrote to Ogoola complaining that High Court judge Opio Aweri had not followed the principles of ‘natural justice’ while hearing the case against the former ministers and a presidential aide.
Maj. Gen Jim Muhwezi, Capt. Mike Mukula, Dr. Alex Kamugisha and former State House official Alice Kaboyo are accused of misappropriating sh1.6b from the Global Alliance for Vaccines and Immunisation (GAVI) funds.
“The matter was irregularly brought before court. But to my dismay, Justice Aweri has only allowed the irregularity to stand,†Mwondha wrote.
Shortly after the protest letter, Aweri stepped down from the case but not before writing to Ogoola explaining himself.
The judge said he was unfairly accused by the IGG and asked the principal judge for protection. The case has been pending since then, awaiting Ogoola’s decision.
In the letter to Mwondha, Justice Ogoola said the grounds she raised in her complaint mainly touched on the merits of an appeal or a substantive application before a presiding judge.
“I trust that in future, for all similar complaints, if any, the orthodox procedure would be followed – namely: a formal application raised directly before the presiding judge concerned,†he wrote
“This would be necessary,†he wrote, “to ensure the efficacy and integrity of the judicial process which is a fundamental tenet that I know your Lordship (as both a judge and a person of honour) highly cherishes, as we all do!â€
Without giving a specific date, Ogoola said the case file would be allocated to another judge.
He noted that Justice Aweri had stepped down on his own volition and not over Mwondha’s protest.
A few weeks ago, Justice Aweri said he would leave the case because he needed to complete his thesis for a master’s degree in law.
THE Inspector General of Government (IGG) did not follow the right procedure when she complained about the judge hearing the case of three former health ministers accused of misusing immunisation funds, the principal judge has said.
This was contained in a letter dated January 21 that Justice James Ogoola wrote to the IGG, Justice Faith Mwondha.
Mwondha last year wrote to Ogoola complaining that High Court judge Opio Aweri had not followed the principles of ‘natural justice’ while hearing the case against the former ministers and a presidential aide.
Maj. Gen Jim Muhwezi, Capt. Mike Mukula, Dr. Alex Kamugisha and former State House official Alice Kaboyo are accused of misappropriating sh1.6b from the Global Alliance for Vaccines and Immunisation (GAVI) funds.
“The matter was irregularly brought before court. But to my dismay, Justice Aweri has only allowed the irregularity to stand,†Mwondha wrote.
Shortly after the protest letter, Aweri stepped down from the case but not before writing to Ogoola explaining himself.
The judge said he was unfairly accused by the IGG and asked the principal judge for protection. The case has been pending since then, awaiting Ogoola’s decision.
In the letter to Mwondha, Justice Ogoola said the grounds she raised in her complaint mainly touched on the merits of an appeal or a substantive application before a presiding judge.
“I trust that in future, for all similar complaints, if any, the orthodox procedure would be followed – namely: a formal application raised directly before the presiding judge concerned,†he wrote
“This would be necessary,†he wrote, “to ensure the efficacy and integrity of the judicial process which is a fundamental tenet that I know your Lordship (as both a judge and a person of honour) highly cherishes, as we all do!â€
Without giving a specific date, Ogoola said the case file would be allocated to another judge.
He noted that Justice Aweri had stepped down on his own volition and not over Mwondha’s protest.
A few weeks ago, Justice Aweri said he would leave the case because he needed to complete his thesis for a master’s degree in law.