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Court petitioned to kick Bitekyerezo out of NDA

By Farooq Kasule

Added 14th February 2020 02:11 PM

Court documents indicate that Bitekyerezo tenure commenced on January 20, 2017, as the chair of the 6th Authority at NDA and it expired on January 20, this year.

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Court documents indicate that Bitekyerezo tenure commenced on January 20, 2017, as the chair of the 6th Authority at NDA and it expired on January 20, this year.

JUDICIARY    JUSTICE

KAMPALA- Embattled head of Drug assessment and registration at the National Drug Authority has asked the court to restrain Health Minister Jane Ruth Aceng from renewing Dr. Medard Bitekyerezo’s contract.

In a suit lodged at the Civil Division of the High Court, Nakacwa who describes herself as the substantive head of Drug assessment and registration wants the court to issues a temporary injunction restraining Aceng from renewing Bitekyerezo’s contract as a member of 7th Authority until the determination of her main case.

Attorney General and Bitekyerezo are listed as the respondents in the matter.

Court documents indicate that Bitekyerezo tenure commenced on January 20, 2017, as the chair of the 6th Authority at NDA and it expired on January 20, this year. The process of his contract renewal is underway.

She also wants the court to stop Bitekyerezo from holding any position in the 7th Authority and /or holding the office of the chair of the 7th Authority for allegedly not being fit and proper person to hold it.

Nakacwa contends that as a chair of the 6th Authority, Bitekyerezo allegedly expended public funds of the Authority to his benefit contrary to regulations hence unlawful and illegal.

“The 2nd respondent (Bitekyerezo) by his omissions and commissions as chair of the 6th Authority has expended public funds of the Authority to his benefit and also rendered himself dishonest and deceitful that it makes him unfit and proper person for his contract to be renewed nor to be appointed the chair of the 7th Authority,” Nakacwa contends.

Nakacwa accuses Attorney General over failure to advise the appointing authority regarding the renewal and appointment of the 7th Authority which she says amounts to a breach of his statutory mandate.

Through her lawyers of Kituma-Magala and company advocates, Nakacwa says that if the court does not issue an injunction against Bitekyerezo, she will suffer irreparable damages because of her contract expires on February 28, this year.

Nakacwa says it is only just and equitable that her application is granted so that her main case is not rendered nugatory.

In a sworn affidavit, Nabacwa accuses Bitekyerezo of intentionally in a dishonest manner, specifying that the 6th Authority was appointed on February 27, 2017, for three years and its tenure was to end on February 27, 2017, which she says was deceitful.

On December 29, 2017, the Minister of Health wrote to the President the pharmaceutical society of Uganda requesting it for a nominee to represent it on the Authority.

In the main case, Nakacwa says that although the court on September 12, 2017, ordered for her reinstatement in office but in vain.

“When I reported for work, I found that my desk had been removed, my laptop and desktop taken away, blocked from all internal and external communications and was isolated by giving me a desk in an open place,” Nakacwa asserts.

Civil Division deputy registrar, Sarah Langa has given Attorney General and Bitekyerezo 15 days to file their defence in the matter.

Nakacwa has been involved in litigation with NDA over a macro organisation structure which has since been quashed by the court.

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