Deputy Attorney General Mwesigwa Rukutana has asked the Supreme Court currently inquiring into the alleged irregularities in the 2016 presidential election, to strike out with costs the Attorney General from Amama Mbabazi petition for wrongly being sued.
The attorney general who is the chief government legal adviser, was added onto Mbabazi petition as the third respondent.
This was in regard to the alleged electoral irregularities committed by civil servants like police force, KCCA Executive Director Jennifer Musisi and UNRA boss Allen Kagina.
Mr Rukutana argued that the existing law of the Presidential Elections Act and the constitution only provide for two parties to be sued in case an aggrieve presidential candidate decides to challenge the outcome of an election.
He said the two parties that are supposed to be sued include the presidential candidate who is declared winner (for this case President Museveni) and the electoral body that conducted the same selection.
He quickly added that the law has not been amended to have the AG also joined onto the presidential petition.
“It’s our submission that article 104 when read together with section 59 of the Presidential Elections Act, presupposes that the aggrieved party can only commence proceedings against a candidate who won the elections and the EC that organized the elections. I don’t think any other party should be dragged into this: submitted Mr Rukutana
Mr Rukutana went on to quote the decision of justice Katureebe in his 2006 election petition judgment in which he proposed that the law should be enacted to join the AG onto subsequent presidential petitions.
But he was quick to say that despite this proposal, the law has not been amended to join the AG.
“The law has not yet changed, it still the same law used in 2006,” he added
Chief Justice asked Mr Rukutana why they have not implemented his proposal.
In response, Mr Rukutana explained that article 104 of the constitution and section 59 of the Presidential Elections Act, demand that the AG must remain independent and impartial in election proceedings and that explains the reason why.
Justice Eldad Mwangusya chipped in and asked who is responsible in representing the civil servants who commit alleged irregularities.
In response, Mr Rukutana said such civil servants could be defended in another way.