Court declines to stop police summons on Tumukunde

Wednesday September 16 2020
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Gen Henry Tumukunde, according to High Court judge Musa Ssekaana 's ruling, did not avail any evidence to support his case for a temporary injunction, that he only stated that he does not know why he is summoned yet he is a civilian who is not subject to or connected to the military law. PHOTO | FILE

By Juliet Kigongo

Court on Tuesday declined to temporarily stop police summons against presidential aspirant Henry Tumukunde over lack of evidence.
Last week on Friday, the same court declined to summon Criminal Investigations director Grace Akullo to explain how she instructed the Attorney General (AG) to represent her in his case yet he was sued individually.
He also wanted Ms Akullo to explain whether she appeared before a commissioner for oath on some of her allegations in her affidavit against Gen Tumukunde that he was plotting to disrupt the ongoing electoral process. 
However, the court ruled that there was no evidence to warrant Ms Akullo to be summoned.
High Court judge Musa Ssekaana then ordered all parties to make submissions. However, Gen Tumukunde’s lawyers refused to go ahead with the hearing of the temporary injunction if AG was not discontinued from the case, thus leaving the court with no option but to hear only the side of the AG.

The judge ruling
In his ruling, Justice Ssekaana noted that Gen Tumukunde did not avail any evidence to support his case for a temporary injunction, that he only stated that he does not know why he is summoned yet he is a civilian who is not subject to or connected to the military law.
“The applicant [Gen Tumukunde] has suppressed material facts and left this court in limbo so as to know, understand and appreciate his case. The sum effect is that he has failed to make out a prima facie case that would have moved the court to exercise its discretion to grant a temporary injunction,” Justice Ssekaana ruled.
Court said it was willing to extend its hand to protect a citizen who is being wronged without authority of the law.
“The courts should be reluctant to restrain the public body [like Uganda Police Force] from doing what the law allows it to do. In such circumstances, the grant of an injunction may perpetrate breach of law which they are mandated to uphold under the Constitution of Uganda,” the judge ruled.
Gen Tumukunde sued the AG and Ms Akullo seeking orders to stop his arrest by the police.
He had sought orders that the arrest threats issued to him through summons signed by Ms Akullo are a violation of his fundamental rights to association, expression of a view and freedom from discrimination.
However, in response, Ms Akullo said she received numerous intelligence reports that Gen Tumukunde was engaging and meeting with army veterans at both his office and residence in Kololo to discuss ways to disrupt the ongoing electoral process.

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