Court allows AG to file defence on case against Police boss Bangirana

What you need to know:

  • Through his lawyers of Kirya and Company Advocates, Mr Maddo is also seeking for orders that Mr Bangirana vacates office until determination of the case and a temporary injunction against the Police Authority from renewing his contract until refund or disposal of the matter.

  • Court documents indicate that Mr Maddo filed the case in his own right as a tax payer against the accused parties in public interest seeking for declaratory orders.

Court has allowed the Attorney General (AG) to file defence out of time to challenge a case in which Assistant Inspector General of Police Godfrey Bangirana is accused of illegally holding office.

Mr Bangirana, a Police director in charge of engineering and logistics is accused of holding office illegally after his contract expired in July this year. 

A concerned citizen, Isaac Maddo sued Mr Bangirana jointly with the AG who is the chief legal representative of government.

Justice Henrietta Wolayo of the Civil Division of the High Court on Thursday accepted the AG’s defence upon submission by State Attorney, Ms Josephine Kiyingi in which she pleaded that she received instructions late.

Ms Kiyingi also opposed the application in which Mr Maddo is seeking for temporary orders to compel Mr Bangirana to vacate office until determination of the main case.

She told court that the application was already overtaken by events following a July 19, 2019 letter in which the Internal Affairs Permanent Secretary, Dr Benon Mutambi allowed him to remain in office.

“I am of a stand that this application is misconceived,” said Ms Kiyingi, adding that there is a possibility of confirming him.

But Mr David Mushabe who represents Mr Maddo asked the court to disregard the AG’s submissions reasoning that there is no renewal yet.

“And that is why the applicant filed this application against the AG for misleading the Permanent Secretary. We request this court not to rely on an illegality,” he said.

Meanwhile Justice Wolayo said that she will deliver her ruling on the matter next week

Main case

In the main case, Mr Maddo, a member of the opposition Uganda Young Democrats (UYD) is seeking for declaratory orders that Mr Bangirana’s stay in office is unlawful and that he refunds the salary and emoluments received while in office illegally.

Through his lawyers of Kirya and Company Advocates, Mr Maddo is also seeking for orders that Mr Bangirana vacates office until determination of the case and a temporary injunction against the Police Authority from renewing his contract until refund or disposal of the matter.

Court documents indicate that Mr Maddo filed the case in his own right as a tax payer against the accused parties in public interest seeking for declaratory orders.

He alleges that the continued receipt of salary and emoluments by Mr Bangirana while in office is unlawful and a wastage of government resources. 

“That on 16th July 2019, the contract of the second defendant (Bangirana) expired and was directed by the Inspector General of Police to hand over and vacate office as his continued stay would raise several queries from the public service,” reads the court document alleging that Mr Bangirana did not handover office but instead the permanent secretary in the Ministry of internal affairs directed his stay.

Mr Bangirana is one of the four directors whose contracts are pending renewal by the appointing authority.