Ayume sides with Mutale

Dec 03, 2003

Attorney General (AG) Francis Ayume has sided with former presidential adviser Major Kakooza Mutale and asked the court not to allow Inspector General (IGG) Jotham Tumwesigwe to personally defend an ongoing reinstatement appeal.

By Jude Etyang

Attorney General (AG) Francis Ayume has sided with former presidential adviser Major Kakooza Mutale and asked the court not to allow Inspector General (IGG) Jotham Tumwesigwe to personally defend an ongoing reinstatement appeal.

State Attorney Vincent Kasujja representing Ayume yesterday said Tumwesigye’s attempt was too late, ill-founded and incompetent.

Tumwesigye requested to join the appeal as the second respondent on the ground that the AG had failed to raise a strong defence against Mutale’s appeal to be reinstated as a presidential adviser.

The President fired Mutale recently on Tumwesigye’s recommendation that the officer failed to declare his wealth according to the law.

Kasujja said, “I pray that it’s struck out and the applicant (Tumwesigye) be condemned with costs,” said Kasujja.

Kasujja said Tumwesigye’s application should have been made before the trial and not when the appeal had been concluded.
Mutale’s lawyer Kiwanuka Kiryowa agreed with Kasujja’s submission, saying the trial had ended.

He said allowing Tumwesigye to enter the appeal was tantamount to opening up the case afresh.

The director of legal affairs at the IGG’s office, Elizabeth Musoke, however, disputed Kasujja and Kiryowa’s arguments, saying an application to add a new party in a case could come at any stage of the trial. Musoke’s submission was suspended until the trial judge, Yorokamu Bamwine, gives a ruling on whether the application can be entertained now.

In his recommendation to sack him, Tumwesige said Mutale failed to declare his wealth as required of public servants under the Leadership Code Act.

But Kakooza Mutale appealed against the sacking, saying it was unfair because he was not given a hearing by Tumwesigye before the recommendation was made.

Though Ayume said Tumwesigye followed the Leadership Act in recommending Mutale’s sacking, Tumwesigye said he has full knowledge of the facts in the case and was better placed to respond to the Mutale’s appeal.

Tumwesigye also said Ayume filed State House legal adviser Mike Chibita’s affidavit in defence of Mutale instead of the State.

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