Lukwago hearing postponed
Posted Wednesday, December 25 2013 at 02:00
Attorney General Peter Nyombi on Friday asked the High Court in Kampala to grant him more time to respond to the case filed by Kampala Lord Mayor Erias Lukwago.
Mr Lukwago is seeking a court order to overturn the Kampala Capital City Authority (KCCA) Tribunal report that recently found him guilty of abuse of office, incompetence and misconduct, a report that led to his controversial impeachment.
Mr Martin Mwambutsya, who represented Mr Nyombi in court, said the principal witness, Mr Frank Tumwebaze, who is the minister in-charge of Kampala, was out of the country and had not had time to respond to Mr Lukwago’s case.
Mr Mwambutsya also informed court that the Attorney General did not have time to file in the response and that Mr Lukwago would not be prejudiced by the adjournment, saying there is a court order preserving the status quo.
On the contrary, Mr Lukwago’s lawyers led by Mr Peter Walubiri asked court not to grant the Attorney General the adjournment, arguing that he had all the time to respond to their client’s case.
Mr Walubiri argued that this matter should be heard expeditiously on grounds that the Attorney General and his agents has barred Mr Lukwago from accessing his office. “City Hall is like a police garrison. So, clearly for as long as this application is not heard and determined, the respondents will continue to fragrantly disobeying court orders..”
Presiding Judge Yasin Nyanzi, granted Mr Nyombi up to January 10 to file in his defence before fixing the hearing of the case for January 15. Initially, the matter had been scheduled to be heard on Friday.
Against tribunal. Mr Lukwago in his application for judicial review that he filed about a month ago, claims that the Justice Catherine Bamugemereire-Tribunal that was constituted to investigate him, exhibited bias before the hearing and throughout the entire proceedings.
Other claims. He also accuses the Bamugemereire-Tribunal of having acted in excess of its jurisdiction and with error of law when they relied on the Anti-Corruption Act in some incidents thus subjecting him to realms of criminal law as opposed to administrative law.
Against Tumwebaze. He also faults the Kampala minister for conniving with the tribunal members to extend the period of operation of the Tribunal after its 60 days provided under the law ran out without finalising with the report.