|
KAMPALA � A presidential aide has petitioned
the Constitutional Court challenging the law under which Maj.
Kakooza Mutale was sacked.
Mr Fox
Odoi, President Yoweri Museveni�s legal assistant, wants the
Leadership Code scrapped.
Mr
Museveni sacked Mutale from his position as presidential advisor on
political affairs on August 6, at the urging of the Inspector
General of Government.
Mutale
allegedly failed to declare his wealth in accordance with the
Leadership Code.
Odoi
has petitioned court jointly with a Kampala advocate, Mr James
Akampumuza.
The
petition was filed through Kibeedi & Co. Advocates on October
17. The Attorney General responded on Monday saying the petition is
misconceived and incompetent.
But the
petitioners insist that several sections of the Leadership Code are
unconstitutional because they provide for a parallel system of
sacking officers, which is already catered for in the
Constitution.
The
petition also says that the Leadership Code violates the discretion
of the President to sack particular offices, which powers are vested
in him by the Constitution.
In
their affidavits, both lawyers say they were spurred to sue the
Attorney General after analysing the consequences of dismissing
Mutale as a presidential advisor.
Mr
Jotham Tumwesigye accuses Mutale of breaching Section 4 (8) of the
Leadership Code, which requires public officers to declare their
incomes, assets and liabilities.
Mutale
has since petitioned the High Court in Kampala seeking to be
re-instated. Mutale�s petition is backed by an affidavit sworn by
Museveni.
In his
affidavit, Museveni says he sacked Mutale at the urging of the
IGG.
He says
if the IGG�s recommendation was based on a flawed premise, he is
willing to re-instate Mutale.
Museveni's affidavit is attached to Odoi and Akampumuza�s
petition.
The duo
argues that by empowering the IGG to compel the President to sack
government officials, the Leadership Code is �inconsistent� with the
Constitution.
The
petition also seeks to declare sections 5, 12, 13, 14 and 35 of the
Leadership Act 2002, inconsistent with articles 60, 120, 144, 161,
163, 165, 167, 169 and 238 of the Constitution.
If it
carries the day, the petition would render the office of the IGG
powerless in enforcing the declaration of wealth by public
officials.
Tumwesigye got to know about the petition
yesterday.
�This
is the first time I am hearing of the petition. Let me read it and
then I can comment later," he said by phone.
The
Minister of Justice and Constitutional Affairs, Ms Janat Mukwaya,
said the petition was on her desk but insisted that the Attorney
General, Mr Francis Ayume, should comment.
Ayume was not
available for comment by press time.
Odoi
told The Monitor last evening that he is not fighting �Kakooza
Mutale�s battles.� He said he is simply interested in the rule of
law.
�We
must all stick to the letter of the law. I am simply concerned as a
citizen. The Constitution is the supreme law of this land and any
other law which is inconsistent with it shall be void to the extent
of its inconsistency," he said on phone.
His
co-petitioner, Akampumuza said the duo was not fighting the office
of the IGG but was interested in fair
laws.
| 
