Court quashes Attorney Generals' suspension

Dec 16, 2014

HIGH court judge Steven Musota, has quashed a decision of the Uganda Law Society to suspend the AG, Peter Nyombi, saying that it has no legal authority

By Betty Amamukirori and Andrew Senyonga

 

HIGH court judge Steven Musota, has quashed a decision of the Uganda Law Society to suspend the AG, Peter Nyombi, saying that it has no legal authority to suspend any member from the association.

 

Musota said that it is only the Law Council that has the mandate to suspend and revoke a license of a legal practitioner, so the decision of the Law Society is just an opinion that is not legally binding.

 

In August 29, 2013, the Uganda Law Society during its annual general meeting at Imperial Royale hotel Kampala collectively agreed to suspend the AG, alleging that he is incompetent.

 

Nyombi was given a two year suspension and a certificate of incompetence by the lawyers’ body for allegedly misguiding the president and giving legal opinions inconsistent with the constitution.

 

The lawyers led by Jude Mbabaali alleged that Nyombi misadvised the president on a number of controversial issues including the re-appointment of Benjamin Odoki as chief justice and the appointment of Gen Aronda Nyakairima as minister of internal affairs.

 

Dissatisfied with the decision of the law society, Nyombi sued the association over the suspension, saying he was suspended without being given an opportunity to speak, a move that is against the rule of natural justice.

 

He also argued that the society had no powers to suspend him and that their resolutions are null and void.

 

He claimed that the Society did not give him any reasons as to why his legal opinions were wrong.

 

He justified his legal opinions to President Museveni as being correct on grounds that the government in a statement instead cherished them for being well researched.

 

He therefore, sought for an order and injunction restraining the Uganda Law Society from circulating the certificate of incompetence issued against him without cause and a public apology from the lawyers’ body.

 

He wanted a court declaration that the ULS’ actions were illegal, completely out of its powers and void from the beginning. Adding that he was defamed and therefore, damages should be paid.

 

He also through his lawyer Sam Mayanja filed a petition in the high court seeking for judicial review of the Uganda Law Society’s decision to suspend him claiming that it had no authority to do so.

 

However, yesterday, Musota refused to award him shs200M worth of costs because he had failed to prove that he suffered from the defamation claims in his petition.

 

Musota said instead of filing for a judicial review, Nyombi should have filed a defamation suit to prove that he had incurred damages.

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