Law society suspends AG Peter Nyombi

Kampala- Attorney General (AG) Peter Nyombi will be issued with a “certificate of incompetence” and suspended from the Uganda Law Society (ULS).

The decision was reached after ULS members voted against him following his controversial legal opinions to the President in the reappointment of former Chief Justice Benjamin Odoki.
The lawyers also vowed to go to court to stop Justice Odoki from serving another term, insisting the move would be unconstitutional.

The decisions were reached in a charged ULS extra-ordinary general meeting in Kampala.
However, some members argued against suspending Mr Nyombi, saying the law that establishes the ULS guarantees the membership of the Attorney General to the ULS and that he could not be suspended.

Those against the suspension of Mr Nyombi also said some of the complaints against the AG were before court and therefore the lawyers would be in breach of the rule of subjudice should they debate them. The subjudice rule bars discussion on matters before court in a way that would prejudice the final decision.

Mr Nyombi, who skipped the meeting despite ULS President Ruth Sebatandira saying he was invited, had dismissed the threats to suspend him from ULS in a telephone interview shortly before the meeting.

“The petitioners have not consulted the President about the issue and I am not aware that he is complaining about the advice I give him,” Mr Nyombi said.

Those arguing against his suspension argued that it was wrong for the AG to be punished for doing his professional work.
Mr Nyombi follows in the footsteps of his predecessor, Prof Khiddu Makubuya, who was also suspended by the ULS in 2007 over similar accusations.
Mr Nyombi was also faulted for advising the parliamentary Appointments Committee that Gen Aronda Nyakairima would be appointed minister without first retiring from the army and “poorly” handling the case in which one Severino Twinobusingye was originally awarded Shs13 billion in a case he had won against the government.

The complaints that led to the convening of the general meeting were contained in two petitions – one tabled by Mr Jude Mbabaali and another by Mr Bruce Kyerere, who was once president of ULS.

Uganda Law Society Resolutions

Anti-Nyombi decisions

Be suspended from the Uganda Law Society.
Issue him with a ‘certificate of Incompetence’.
Express extreme displeasure with the Attorney General Peter Nyombi and disassociate itself with his opinions which are glaringly inconsistent with the constitution.
To refer him to the Law Council for trial proceedings.
Urge the 9th Parliament to consider making the position of the Attorney General’s office independent of politics

Odoki’s fate
Urge Odoki to consider declining the appointment.
Implore the 9th Parliament to reject the re-appointment of Odoki.
Implore the President to consider withdrawing Odoki’s re-appointment.
Challenge any attempt to re-appoint Odoki in the Constitutional Court.

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