Mutale blocks Tibaruha arrest

May 31, 2004

MAJOR Kakooza Mutale said yesterday he had provided security to the Solicitor General, Lucien Tibaruha

By Yunusu Abbey

MAJOR Kakooza Mutale said yesterday he had provided security to the Solicitor General, Lucien Tibaruha, to ensure he is not arrested as ordered by the Inspector General of Government (IGG).

A State House Operation Unit has reportedly been detailed to guard Tibaruha.
Mutale said the IGG, Jotham Tumwesigye, could not arrest the Solicitor General “without the express consent of the President, who is the appointing authority for both of them.”
“I am talking to you in my capacity as a special presidential assistant. Unless the IGG wants to cause a constitutional crisis by arresting Tibaruha, who is the Government’s chief legal adviser. Ask him, has he consulted the President, Vice-President or the Prime Minister?” Mutale asked.
“If the IGG goes ahead and arrests the Solicitor General as he has threatened, he will also be arrested. Even a Constitutional Court ruling waived his powers compelling people to give information,” Mutale said.

“The IGG should not fraudulently ignore the President’s decorum and ministers code of conduct,” he said.
“We are giving him (Tibaruha) maximum security. Let the IGG dare arrest him,” Mutale told The New Vision at his Bombo Road offices.

Recently, Mutale was engaged in a legal battle with the IGG in which he challenged his dismissal for failure to declare his wealth. Court ruled in Mutale’s favour.
Yesterday, Tumwesigye said the arrest warrant issued against Tibaruha still stood since he had not surrendered the file to him.

“I have already asked the Police to effect the arrest. I want him charged with disobeying lawful orders,” the IGG said before he flew to Kenya.
Tumwesigye said he had asked Tibaruha to hand in a file on the intended payment of sh13b to local businessman, James Musinguzi.

The summons were dated February 27, 2004 and May 28. Tibaruha was to appear on March 9 and May 28, respectively.
When The New Vision phoned Tibaruha at 3:34pm, he said, “I am still a free man and doing my work.”
“Instead of talking to the press all the time, let the IGG arrest me first then call a press conference to announce that he has arrested me. I am acting within the law,” he said.
The New Vision has learnt that in March this year, Tibaruha wrote to the IGG giving reasons why he was unable to report to his office.

Dated March 3, 2004, Tibaruha’s letter says, “I refer to your summons to appear before you on March 9, 2004 in connection with the above matter. With effect from March 8, 2004, I will be out of station for one week on official duties.”
“As indicated to you in my letter dated February 2, 2004, I am at the moment handling matters which require priority attention.
“On return, I will again in particular be preoccupied to the exclusion of anything else with matters relating to the prosecution of the LRA in the International Criminal Court, the case of the DRC vs Uganda in the International Court of Justice.”

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