Tumukunde’s lawyers ask court to summon police boss Akullo
Presidential aspirant Major General (Rtd) Henry Tumukunde. PHOTO | FILE
Lawyers of the presidential aspirant Lt Gen (Rtd) Henry Tumukunde have asked the court to summon Criminal Investigations Director (CID) Ms Grace Akullo to have her cross-examined on her affidavit.
The lawyers led by Mr Anthony Wameli told the presiding judge Musa Ssekaana that they would want Ms Akullo to explain why she is using the Attorney General as her lawyer yet she was sued in her individual capacity.
“We also want Ms Akullo to explain more on some of her allegations she made in her affidavit against Gen Tumukunde that he is plotting to disrupt the ongoing electoral process and whether she appeared before a commissioner of oath,” Mr Wameli told the court.
However, the commissioner Directorate of Civil Litigation, Mr George Kallemera, objected to the application saying that cross-examining a person is not given as a matter of right thus one must satisfy the court with a good reason in order for one to be summoned.
“We submit that the applicant (Gen Tumukunde) has not demonstrated any sufficient reasons for the court to summon the deponent (Ms Akullo) for cross-examination,” Mr Kallemera said.
He told the court that Ms Akullo in her affidavit clearly explained that she is the Criminal Investigations Director thus swearing-in in this capacity.
He further explained that it was wrong for Gen Tumukunde’s lawyer to purport that Ms Akullo did not appear before the commissioner of the oath as it was clearly shown in her affidavit that she did so.
“The grounds laid are not special to warrant this court to evoke its powers to summon the Ms Akullo,” Mr Kallemera said.
Justice Ssekaana will deliver his ruling tomorrow on whether to summon Ms Akullo for cross-examination on her affidavit or not.
Gen Tumukunde sued the Attorney General (AG) and Ms Akullo seeking orders to stop his arrest by the police.
He also 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 to his allegations, Ms Akullo noted that she received numerous intelligence reports that Tumukunde was engaging and meeting with Army veterans at both his office and residence in Kololo and discussing ways in which to disrupt the ongoing electoral process in Uganda.
“That as a result of these intelligence reports, I directed that a general inquiry file under CID HQTRS GF:787/2020 be opened in order to comprehensively look into these matters,” she noted in her affidavit.
“I know that subsequently, I summoned the applicant (Tumukunde) for an interview and to record his statement at the criminal investigations directorate headquarters in Kibuli on August 19, 2020,” she added.
Ms Akullo further explained that at the date of the summons, Tumukunde instead sent one of his lawyers, Mr Friday Roberts Kagoro who notified them that was he unwell and preparing for his appearance in court the following day.
She further explained that their actions are in line with the 1995 Constitution and the Uganda Police Act Cap 303 to which Tumukunde is seeking to halt police investigations into these serious matters.
