Tumukunde request illogical, Attorney General responds

COURT|CRIME|ARREST

KAMPALA - The Attorney General (AG) has said Lt. Gen. Henry Tumukunde's push to stop a criminal prosecution and seek a Constitutional Court referral for interpretation is illogical.

The presidential aspirant sued the Government, demanding sh70m in damages over what he termed as illegal arrest.

The AG was sued alongside the Director of Criminal Investigations Directorate, Grace Akullo, in the Civil Division of the High Court in Kampala.

Tumukunde had asked court to remove AG as a party in the case, but Justice Musa Ssekaana declined.

The judge said Tumukunde failed to produce sufficient evidence that could have prompted court to summon Akullo.

In an affidavit sworn by Emelda Adongo from the AG's chambers, she asserts that the said application is without merit, frivolous, and an abuse of court process.

"I know that Articles 250 and 119 of the Constitution empower the Attorney General to represent the Government and its allied institutions, including employees," Adongo stated.

She emphasised that in the interest of justice, the bid should be dismissed with costs.

What Tumukunde wants

The former security minister wants the High Court proceedings halted until the Constitutional Court pronounces itself on the queries raised.

He alleged that during the proceedings of his case before Justice Ssekaana, a number of issues arose that require constitutional interpretation.

He wants the Constitutional Court to determine whether the functions of AG extend to representing individual civil servants, who have been personally accused of human rights violations.

He is seeking clarification on whether the act of criminalising the discussion of Politics with veterans by Akullo, was discriminatory and an infringement on his right.

Tumukunde's lawyer, Geoffrey Turyamusiima, said during the hearing of their application for a temporary injunction; it emerged that the AG was representing Akullo, who has been sued in her personal capacity.