Lukwago tribunal fair - Attorney General

By Andante Okanya

The Attorney General(AG) Peter Nyombi has dismissed claims of bias levelled against the tribunal set up to review a petition by 17 city councillors demanding for the removal of Kampala Lord Mayor Erias Lukwago, saying it is fair.

Nyombi's statement was emphasised on Friday at the High Court by representatives from his chambers principal state attorney Wanyama Kodoli, and  civil litigation commissioner Robinah Rwakoojo. They were responding to submissions by Lukwago's legal team in an application for judicial review querying the legality of the tribunal instituted by Kampala minister Frank Tumwebaze.

Prior, Lukwago's lawyers had submitted that Tumwebaze set up the tribunal without evaluating the petition to test the veracity of the petitioners' claims. They said Tumwebaze acted contrary to Section 12 of the Kampala Capital City Authority(KCCA) Act, which empowers him to act fairly by according a hearing to parties involved.

But in his submissions in court presided by Justice Vincent Zehurikize, Kodoli stated that Tumwebaze was not under any obligation at that stage when he received the petition, to accord Lukwago a hearing. Lukwago's legal team comprised Caleb Alaka, Medard Ssegona,Julius Galisonga, Samuel Muyizzi, Chrisestom Katumba, and Abdullah Mubiru.

"At this stage of evaluation, the applicant(Lukwago) cannot be given a fair hearing because the minister is not exercising a judicial or quasi-judicial function.The minister is only expected to form an opinion. The minister did not have a duty at this stage to accord the applicant the right to be heard," Kodoli said.

The tribunal is expected to determine whether the contents of the petition hold sufficient grounds for the removal of the Lord Mayor from office. It is headed by Justice Catherine Bamugemereire.Other members are lawyer Alfred Okello-Oryem, and Ochaya Lakidi.

Additionally, Kodoli branded Lukwago's petition as misconceived, incompetent, premature, and demanded it be dismissed with costs, arguing that Lukwago should raise his complaint before the tribunal.

Kodoli defended the appointment of the trio Daniel Rutiba(lead counsel), Titus Kamya(co-counsel), and Robert Kirunda(secretary), branding them officers of the tribunal and not members.

However, Lukwago, who was present in court, is also demanding costs, saying the minister's actions, and that of the tribunal have caused him mental anguish and stress. The ruling is expected to be delivered on July 12.

Councillors accuse Lukwago of alleged misconduct, abuse of office and incompetence.  He is also faulted for intentionally and willfully engaging in acts of public incitement against payment of city dues, and impeded KCCA revenue collection efforts.

Lukwago and his legal team have since snubbed appearance at the tribunal sitting at Metropole Hotel in the upscale city suburb of Kololo.