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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
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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