By Sania Babirye
The state has asked the high court to dismiss an application in which 2021 presidential aspirant Rtd.lt.Gen.Henry Tumukunde filed in the high court civil division seeking to stay proceedings against CID boss Grace Akullo before high court Judge Musa Sekana and have the case forwarded before the constitutional court for interpretation.
Appearing before Justice Musa Sekana, the attorney general has sworn an affidavit through state attorney Emelda Adong asking court to dismiss the said application in grounds that it has no grounds for any constitutional interpretations.
The attorney general States that the said application is an abuse of court process because it has no value and lacks purpose since he is legally allowed to represent government and its institutions and servants by the constitution of Uganda.
He has also asked Justice Sekana to order Tumukunde to pay him costs to the said suit.
The application arose after Justice Musa Sekana dismissed an application in which Tumukunde through his lawyer Anthony Wameeli wanted court to remove the attorney general from representing CID boss Grace Akullo since he had sued her in her individual capacity.
Tumukunde wants the constitutional court to interpret if a government lawyer has powers to represent anyone being sued in his her individual capacity despite being a civil public servant
He also wants court to interpret whether the Attorney General was legally right to refuse from representing Akullo who was being sued in her individual capacity.
Tumukunde further wants the constitutional court to interpret if Justice Musa Sekana was right to refuse to summon Grace Akullo from appearing in court and defend herself on allegations of violating his constitutional right to liberty and free expression and also refuse to drop the government lawyer from the case and only remain with Akullo.
In August this year, Tumukunde dragged the CID boss and the attorney to the high court accusing her of violating his constitutional right to liberty and free expression.
This is after he was summoned to appear at the CID headquarters on the 17th of August to to be grilled why he was meeting veteran soldiers.
He then went to court seeking those summons to be quashed because they were in violation of his constitutional rights.
He asked justice Sekana to drop the attorney general from the case and remains with only Akullo which court declined to grant and instead ordered both parties to fine their written submissions so that he ruled on the application on the 23rd of next month.