Binaisa Sues Government

By Okello Jabweli FORMER President Godfrey Lukongwa Binaisa has served the Attorney General with a notice of intention to sue for, among other things, “the criminal act of violently removing” him from office in May 1980.”Addressing a press conference at his Muyenga residence, Binaisa, 82, listed seven grounds for taking legal action. Binaisa said he and his wife Irene Kabamoli were seeking compensation from the state for wrongful detention without charge or trial for eight months (May to December 1980) and for the “refusal to make full-payment of my benefits and entitlements” under the Presidential Emoluments Act.Binaisa said he was violently removed by the Ugandan army of which he was supposed to be the Commander-in-Chief. “They didn’t tell me the offense I had committed,” he said.The former president clarified that he had no ambition of becoming president again. “I have no political ambition. After 82? The Constitution bars anybody over 75 from contesting for the presidency. I am an old man.” “I am not filing this out of malice. I am doing this just like any other aggrieved Ugandan would do. I support the movement but what I am opposed to is discrimination. I am being discriminated against,” Binaisa said. The other grounds Binaisa laid down for suing were related to trespass, damage and default of payment of rent for his land and house on Mutundwe hill.He is also seeking damages for the wrongful confiscation of his ranch number 7 in Kabula, Rakai. He has given the Attorney General 45 days within which to act or be dragged to court. Binaisa said he had personally spelt out the notice but was still seeking legal advice from lawyers from as far as the United Kingdom and the United States. Binaisa was ousted in May 1980 after less than a year in office by the Military Commission chaired by the late Paulo Muwanga. President Yoweri Museveni was Muwanga’s deputy. Binaisa returned to Uganda in April last year after spending 15 years in self-imposed exile.The former president is currently residing in a three-storey rented bungalow on Muyenga hill.“My house on Mutundwe hill was completely destroyed. Why should government be in position to pay more than $2,000 per month on a rented house instead of repairing mine. It doesn’t make sense to me.”Binaisa complained that he was having it rough living in the Muyenga house owned by Mrs. Lutaaya. “I am staying here by the grace of God because some of the appliances are not working. They keep breaking down. The plumbing system is no good, yet government pays a lot of tax-payers money to the owner,” he said. Binaisa yesterday personally delivered the notice to the Attorney General’s chambers. He said the move was a joint action by him and his wife, who is currently living in London, UK. “I don’t have an office, I don’t have a secretary for a year now. I was told that I should use a room at the basement of this house but the place has not been partitioned. Do they expect me to sit in one huge room with my secretary and other staff?” he asked. The Presidential Emoluments Act which covers former presidents, entitles him to several benefits including free housing, transport, security, a monthly salary, an office and assistants. “They are the ones who made the law. I wasn’t here. Let them respect it,” Binaisa said.When contacted for comment, public service minister Muganwa Kajura said the former president was being ungrateful. “I know we are paying for the house, we’ve bought him a new chauffeur-driven Mercedes, he is receiving a salary which is about a third of the president’s pay, he is given a furniture allowance of sh20m, he has state security and we pay for his utilities like water, electricity and phone bills,” Kajura said. “As for a secretary, we asked him to identify a person acceptable to him but he still hasn’t identified one,” he said.Kajura said the ministry of Defence was making preparations to repair Binaisa’s Mutundwe house. He said under the current law, Binaisa was not entitled to an office. “But since he has a huge house, he can do a lot of work from there,” he said. Binaisa justified his action, saying he had on several occasions discussed his plight with President Museveni, Vice-President Speciosa Kazibwe and several ministers but that nothing was forthcoming.He said wives of UPDF soldiers were still occupying his house at Mutundwe. Ends