The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | In an ironic legal twist of the hunter becoming the hunted, Lt Gen Henry Is trying to drag CID Director Grace Akullo to the dock for using the Attorney General’s services for her personal defence and to be grilled in court over an affidavit she says she swore.
The lawyers representing Presidential Aspirant Tumukunde have asked court to summon Grace Akullo to be cross examined over her defense in the case where Tumukunde wants court to quash the summons she issued requiring him to report to appear at Kibuli CID headquarters.
In the summons dated August 17 2020, Akullo argued that CID was investigating allegations that on several occasions, Tumukunde who is also the former Security Minister, had held meetings with army veterans discussing issues related to politics. Akullo alleged that this was done at Tumukunde’s home in Kololo and also in other parts of the country, thus summoning him to the CID headquarters in Kibuli to record a statement.
Last month, Tumukunde through his lawyers led by Anthony Wameli sued the Attorney General and Akullo in her individual capacity accusing them of violating his constitutional right to liberty and freedom of expression after summoning him.
But Tumukunde challenged the summons before the High Court Civil Division seeking protection on grounds that he was afraid that he would be arrested since the summons never specified whether he was needed as a suspect or a witness.
He asked court to issue an order restraining Akullo, government and their agents from further violating or threatening his rights enshrined in the Constitution based on the said summons.
Akullo instead on September 1, 2020 swore an affidavit defending her actions, noting that she summoned Tumukunde after receiving numerous intelligence reports indicating that the former spy master was meeting veterans to discuss ways in which to disrupt the ongoing electoral process in Uganda.
While appearing before Justice Musa Ssekaana on Thursday, Tumukunde’s lawyers led by Anthony Wameli asked court to summon Akullo, arguing that she swore an affidavit without appearing before the Commissioner of Oaths.
Wameli also noted that Akullo who is sued in her individual capacity went ahead and gave the Attorney General instructions to defend her in this matter yet she is supposed to be personally liable for her actions under the human rights enforcement Act.
As such, the lawyers asked court to summon Akullo to appear physically in court and be able to defend her actions.
However, the State Attorney Richard Adrole and Commissioner in charge of Civil Litigation George Kalemera who represented the Attorney General opposed the application. These noted that the right to cross examine a witness who has given evidence in an affidavit is up to Court’s discretion.
Adrole in particular added that also, one must show good reasons and plead exceptional circumstances if they want to cross examine a witness over their affidavit, which he says was not the case here.
Court also heard that Akullo being a CID Director she is entitled to be represented by the Attorney General. The Attorney General’s representatives thus asked court to dismiss the prayer by Tumukunde’s lawyers because the affidavit indicated that Akullo appeared before the Commissioner of Oaths Jackie Okot.
After hearing both sides, Justice Ssekaana has now adjourned the matter to September 11 2020 for ruling on whether to summon Akullo or not.
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