Gen. David Sejusa. File photo
KAMPALA.
Government
has asked the Court of Appeal to nullify High Court ruling directing
the Uganda People’s Defence Forces (UPDF) to discharge the former spy
chief, Gen David Sejusa, aka Tinyefuza, from the army.
In the
grounds of appeal filed by the Attorney General, government says Justice
Margaret Oguli Oumo, in her May 28 judgment, erred in law when she
found that Gen Sejusa was entitled to constructive discharge yet such
remedy is alien to the UPDF Act.
Justice Oguli ordered that the
UPDF issues Sejusa with a discharge certificate since he had ceased to
be a serving officer in the army from the day his employer withdrew his
salary, allowances and other benefits.
“As government, we maintain
that Gen Sejusa is still an officer of the UPDF since he has never
received any official communication from the UPDF promotion’s board
that is charged with the duty to retire soldiers,” reads part of the
Attorney General’s appeal.
The government also wants Sejusa’s
prosecution before the General Court Martial on charges of
insubordination, engaging in partisan politics and being absent from
duty without official leave to be re-instated, saying Justice Oguli
halted the trial without any justification.
The High Court
declared that Gen Sejusa is no longer subject to military law and
ordered government to pay him Shs750 million as damages for violating
his rights through arrest, detention, prosecution and denial of bail
before the General Court Martial on top of his salary arrears,
allowances and retirement benefits all of which had to attract an
interest of 20 per cent.
“UPDF’s not paying Sejusa his allowances, the harassment and humiliation can only be atoned by damages,” Justice Oguli declared.
The
judge also found the conduct of UPDF discriminative when they continue
retiring other officers but refused to consider his application to
retire yet Gen Sejusa is of advanced age and suffered injuries during
the Bush War.
The said ruling also meant that Sejusa’s charges
including: conduct prejudicial to good order and discipline of the army,
among others, would collapse before the General Court Martial as he is
no longer subject to military law.
Having been dissatisfied with the lower court’s decision, government appealed against the court orders, seeking a review.
SOURCE: DAILY MONITOR
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