High Court Blocks IGG Out Of Maj. Kakooza Mutale Appeal
Mar 05, 2004
THE High Court has denied the Inspector General of Government (IGG), Jotham Tumwesigye, entry into the former presidential advisor Major Kakooza Mutale’s appeal.
By Jude Etyang
THE High Court has denied the Inspector General of Government (IGG), Jotham Tumwesigye, entry into the former presidential advisor Major Kakooza Mutale’s appeal.
Justice Yorakamu Bamwine said the IGG did not have legal status to sue or be sued to join the suit as the second respondent with the Attorney General (AG).
Bamwine was yesterday ruling in an application by the IGG to enter the case on grounds that AG had not made a satisfactory defence.
“The IGG has no legal status.
Parliament gave absolute immunity to the IGG and his staff. I would see no legal justification for him to be allowed as a co-defendant. The AG is supposed to carry the legal cross on behalf of the Government,†Bamwine said.
The jugde advised the IGG to petition parliament to acquire the necessary status.
But he allowed the AG to withdraw his submissions and refine them to include the IGG’s evidence.
Mutale’s lawyers Edwin Karugire and Muzamir Kibedi, were also allowed to refine their submissions within two weeks.
Bamwine awarded Mutale costs of the application but said the costs would be met by the AG since the IGG, who applied, was immune to legal action.
Bamwine said he would not bend the rules of the law over the “apparent†rift between the IGG and Attorney General.
“This court will not allow the apparent rift between the Solicitor and his client to obscure justice. The Attorney General and the IGG should humble themselves before the law and harmonise their positions,†Bamwine said.
He added that the IGG’s complaint about the Attorney General’s incompetence in the case was “unjustified.â€
He said the IGG should have given the AG the necessary information and records to make a satisfactory defence.
“After being informed of the appeal, it was up to him to avail, as the Attorney General’s client, all the information and records necessary for the defence. I find blaming the AG unjustified,†he said.
President Yoweri Museveni sacked Mutale last August basing on the recommendation of the IGG that Mutale be sacked for failure to declare his wealth as per the Leadership Code Act.
Mutale appealed against the IGG.
Ends
THE High Court has denied the Inspector General of Government (IGG), Jotham Tumwesigye, entry into the former presidential advisor Major Kakooza Mutale’s appeal.
Justice Yorakamu Bamwine said the IGG did not have legal status to sue or be sued to join the suit as the second respondent with the Attorney General (AG).
Bamwine was yesterday ruling in an application by the IGG to enter the case on grounds that AG had not made a satisfactory defence.
“The IGG has no legal status.
Parliament gave absolute immunity to the IGG and his staff. I would see no legal justification for him to be allowed as a co-defendant. The AG is supposed to carry the legal cross on behalf of the Government,†Bamwine said.
The jugde advised the IGG to petition parliament to acquire the necessary status.
But he allowed the AG to withdraw his submissions and refine them to include the IGG’s evidence.
Mutale’s lawyers Edwin Karugire and Muzamir Kibedi, were also allowed to refine their submissions within two weeks.
Bamwine awarded Mutale costs of the application but said the costs would be met by the AG since the IGG, who applied, was immune to legal action.
Bamwine said he would not bend the rules of the law over the “apparent†rift between the IGG and Attorney General.
“This court will not allow the apparent rift between the Solicitor and his client to obscure justice. The Attorney General and the IGG should humble themselves before the law and harmonise their positions,†Bamwine said.
He added that the IGG’s complaint about the Attorney General’s incompetence in the case was “unjustified.â€
He said the IGG should have given the AG the necessary information and records to make a satisfactory defence.
“After being informed of the appeal, it was up to him to avail, as the Attorney General’s client, all the information and records necessary for the defence. I find blaming the AG unjustified,†he said.
President Yoweri Museveni sacked Mutale last August basing on the recommendation of the IGG that Mutale be sacked for failure to declare his wealth as per the Leadership Code Act.
Mutale appealed against the IGG.
Ends