Tumukunde case dismissed, to face criminal charges

The High Court has dismissed an application in which presidential aspirant Lt. Gen (rtd) Henry Tumukunde had sought orders, restraining government and Police from arresting him, pending determination of his case.

Last month, Gen. Tumukunde sued government, demanding sh70m in damages over what he termed as illegal arrest.

He sued the Attorney General, alongside the Director of Criminal Investigations Department, Grace Akullo, in the Civil Division of the High Court in Kampala.

On Tuesday, Justice Musa Ssekaana ruled that Gen. Tumukunde did not avail any evidence to support his case for a temporary injunction.

The judge added that Tumukunde said he does not know why he is being summoned and that he is a civilian, who is not subject to or connected to the Uganda People's Defence Forces (UPDF) or military law.

"Tumukunde has failed to make out a prima facie case that would have moved court to exercise its discretion to grant the application," Ssekaana ruled.

He said court is willing to protect a citizen, who is being wronged, deprived of property without any authority of law. The judge, however, said judicial proceedings cannot be used to protect or perpetuate a wrong committed or threatened by a person, who approaches the court.

"The court's power should be exercised judicially and in public interest and no injunction causing administrative inconvenience or resulting in public mischief should be granted," he said.

The judge said courts should not restrain a public body, like the Police, from doing what the law allows it to do.

Last week on Friday, the same judge dismissed an application in which Tumukunde's lawyers had asked court to summon Akullo to be cross-examined over her affidavit.

The commissioner in charge of litigation in the Attorney General's office, George Kallemera, represented government, while the applicant was represented by Anthony Wameli and Geoffrey Turyamusiima.

Tumukunde filed a suit in court, on allegations of illegal arrest. However, government contends that Tumukunde was arrested over attempting to incite army veterans into disrupting the elections.

Akullo states that she received numerous intelligence reports that Tumukunde was engaging and meeting army veterans and discussing how to disrupt the ongoing electoral process.

"As a result of these intelligence reports, I directed that a general inquiry file under CID HQTRS GEF: 787/2020 be opened in order to comprehensively look into these matters," Akullo says.

She asserts that subsequently, she summoned the applicant for an interview and to record a statement at CID headquarters in Kibuli on August 19.

Her affidavit indicates that on August 19, the applicant's lawyer, Roberts Friday Kagoro appeared for the meeting without Tumukunde and informed her and the team that the applicant could not appear because he was unwell.

The CID boss states that she executed her duty in line with the 1995 Constitution and the Uganda Police Act. 

Tumukunde complaint

The former security minister wants to stop Police investigations, on grounds of breach of his right to participate in the affairs of government and freedom of association.

According to Tumukunde, this violates his right to personal liberty and freedom of expression.

Tumukunde also wants a declaration that the summons dated August 18, 2020, issued by Akullo are a violation of his fundamental rights guaranteed under the Constitution.

"The summons are not acceptable or demonstrably justifiable in a free and democratic society and, therefore, an infringement and or threat to my rights," Tumukunde contends.

He also wants court to issue an order, restraining the respondents and its agents from further violating or threatening his rights.

Tumukunde claims that he will suffer irreparable loss or injury if the respondents are not restrained from infringing on his rights.

Political activities

In his affidavit, Tumukunde says on August 17, 2020, while at Njeru in Kayunga district, he was illegally arrested and detained by Police for about six hours.

He said there are several individual politicians and political groups or organisations that have engaged veterans in their political activities, but none of them has been summoned by Police.

"The National Resistance Movement Organisation (NRMO), the ruling political party has organs that provide for and involve veterans in its political activities as provided for in its constitution," he asserts.