IGG blasts Ayume over Mutale case
Nov 26, 2003
THE Inspector General of Government (IGG) Jotham Tumwesigye has criticised Attorney General (AG) Francis Ayume for not allowing him to personally defend himself against Major Roland Kakooza Mutale’s appeal.
By Jude Etyang
THE Inspector General of Government (IGG) Jotham Tumwesigye has criticised Attorney General (AG) Francis Ayume for not allowing him to personally defend himself against Major Roland Kakooza Mutale’s appeal.
Tumwesigye said he had always wanted to participate in the preparation of the defence against the appeal but the hearing commenced without him being invited by the AG, or the Solicitor General who “knew†his interest.
“Further to the applicant (Tumwesigye’s) desire to effectively participate in preparation of the defence to the appeal, the applicant wrote a letter to the Solicitor General seeking audience with him to discuss how to effectively defend the suit.
“Up to the commencement of the hearing of the Appeal on November 3, 2003, there has been no response from the Attorney General, or the Solicitor General, to these letters,†Jane Nafuna, a senior inspectorate officer, said.
Tumwesigye said the AG could not effectively counter Mutale’s fight to be reinstated as a presidential adviser. He said he wanted to join the appeal as the second respondent because he had full knowledge of the case facts and was better suited to respond appropriately.
Tumwesigye’s application, which is supported by Nafuna’s affidavit, was yesterday presented to Justice Yorokamu Bamwine’s court by the director, legal affairs at the IGG’s office, Elizabeth Musoke.
Tumwesigye said since the case commenced, the AG had not filed any counter affidavit.
He said apart from the affidavit of the State House legal adviser, Mike Chibita, all the other affidavits in support of the AG’s case were drawn at the instance of the IGG.
Tumwesigye said the AG drew and filed Chibita’s affidavit despite his protests. Attached to Tumwesigye’s application is a November 4 letter he wrote to the AG, lamenting the latter’s failure to withdraw Chibita’s affidavit because it supported Mutale’s case rather than the State’s as intended.
“Under the circumstances, the Attorney General cannot effectually set up a defence the Applicant (Tumwesigye) desires to set up unless he is joined as the second respondent to the appeal,†Nafuna said.
Tumwesigye also said although his acts were the ones being challenged, the AG did not intend to involve him in the case.
He said his interest and justice would be jeopardised without his full participation in the case.
The appeal is in advanced stages with both parties having made final submissions and closed their cases.
Mutale, who was present in court, opposed the IGG’s intention to join the appeal. Mutale, represented by Kiwanuka Kiryowa and Muzamir Kibedi, said Tumwesigye could not lawfully apply to be joined at a late stage of the appeal after he had made final submissions.
Mutale said Tumwesigye’s dissatisfaction with the AG’s conduct of the case was immaterial.
President Museveni sacked Mutale on August 6, on the IGG’s call.
THE Inspector General of Government (IGG) Jotham Tumwesigye has criticised Attorney General (AG) Francis Ayume for not allowing him to personally defend himself against Major Roland Kakooza Mutale’s appeal.
Tumwesigye said he had always wanted to participate in the preparation of the defence against the appeal but the hearing commenced without him being invited by the AG, or the Solicitor General who “knew†his interest.
“Further to the applicant (Tumwesigye’s) desire to effectively participate in preparation of the defence to the appeal, the applicant wrote a letter to the Solicitor General seeking audience with him to discuss how to effectively defend the suit.
“Up to the commencement of the hearing of the Appeal on November 3, 2003, there has been no response from the Attorney General, or the Solicitor General, to these letters,†Jane Nafuna, a senior inspectorate officer, said.
Tumwesigye said the AG could not effectively counter Mutale’s fight to be reinstated as a presidential adviser. He said he wanted to join the appeal as the second respondent because he had full knowledge of the case facts and was better suited to respond appropriately.
Tumwesigye’s application, which is supported by Nafuna’s affidavit, was yesterday presented to Justice Yorokamu Bamwine’s court by the director, legal affairs at the IGG’s office, Elizabeth Musoke.
Tumwesigye said since the case commenced, the AG had not filed any counter affidavit.
He said apart from the affidavit of the State House legal adviser, Mike Chibita, all the other affidavits in support of the AG’s case were drawn at the instance of the IGG.
Tumwesigye said the AG drew and filed Chibita’s affidavit despite his protests. Attached to Tumwesigye’s application is a November 4 letter he wrote to the AG, lamenting the latter’s failure to withdraw Chibita’s affidavit because it supported Mutale’s case rather than the State’s as intended.
“Under the circumstances, the Attorney General cannot effectually set up a defence the Applicant (Tumwesigye) desires to set up unless he is joined as the second respondent to the appeal,†Nafuna said.
Tumwesigye also said although his acts were the ones being challenged, the AG did not intend to involve him in the case.
He said his interest and justice would be jeopardised without his full participation in the case.
The appeal is in advanced stages with both parties having made final submissions and closed their cases.
Mutale, who was present in court, opposed the IGG’s intention to join the appeal. Mutale, represented by Kiwanuka Kiryowa and Muzamir Kibedi, said Tumwesigye could not lawfully apply to be joined at a late stage of the appeal after he had made final submissions.
Mutale said Tumwesigye’s dissatisfaction with the AG’s conduct of the case was immaterial.
President Museveni sacked Mutale on August 6, on the IGG’s call.