{UAH} Judge restores Lukwago, blasts Attorney General
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12:59 PM |
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High Court Judge Yasin Nyanzi today told off Attorney General Peter Nyombi to stop intimidating him as he issued an order stopping the implementation of the tribunal report and impeachment of Kampala Lord Mayor Erias Lukwago.
On November 25, the minister in charge of Kampala Frank Tumwebaze convened a special meeting of councillors that impeached Lukwago by 28 votes to three. The move upset the judge, who had earlier that morning cleared a court order to be issued halting the meeting immediately.
But Tumwebaze maintains he didn't receive any such court order. The Attorney General Peter Nyombi then wrote to the judge on Tuesday, complaining about the said court order, which appeared to nullify the council meeting's outcome.
Nyombi's letter appears to have infuriated the judge even further.
"I was surprised by your boss (AG) complaining about me ... Your boss wrote a two-page document about me and when I discussed it with the Principal Judge [Yorokamu Bamwine], I advised him to ignore it," Nyanzi told State Attorney Martin Mwambutsya, who represented Nyombi.
In the letter, Nyombi had suggested that the interim order issued by registrar Fred Waninda on Nyanzi's orders was illegal since it had followed what he saw as an irregular process. However, Nyanzi interpreted the letter as a form of intimidation.
"I can't be intimidated because I do not need votes … I'm not a politician. I'm not here to do politics," Nyanzi said.
Nyanzi confirmed that he had ordered Waninda to issue the interim court order early on Monday morning to stop the impeachment process. In his ruling, Nyanzi agreed with submissions made by Lukwago's lawyers on Monday, and accordingly declared that Lukwago was still Kampala lord mayor, at least until the main suit challenging the tribunal had been heard.
Lukwago's lawyers, led by Abdu Katuntu, had submitted that the KCC tribunal exceeded its mandate and acted unfairly.
In his ruling, Nyanzi said:
"The issues of bias, the tribunal going beyond its mandate, being convicted on grounds that were not originally in the report are serious points that court must consider."
The judge dismissed Mwambutsya's arguments that the issues Lukwago had raised in the main application had already been handled by Justice Vincent Zehurikiize in an earlier case.
"Though some of the issues were handled, and counsel Katuntu admitted this, there are other serious issues that a new court needs to look at," Nyanzi said.
He also ruled that he was handling a distinct case from the one Justice Zehurikiize concluded in June.
"As we stand now, there is a report which the petitioner is complaining about and it is only fair that court reviews the report," he said.
"All in all, I find that the applicant has proven its case to be granted an order he sought. My order replaces the order of the registrar. I also award costs to the applicant," Nyanzi added.
The costs are unspecified but could be enormous as the case was handled by five law firms. The ruling was received with jubilation by Lukwago's supporters, who had jammed the court and later spread onto the city streets chanting "Omuloodi waali" (Lord Mayor is in charge).
Lukwago responds
Lukwago, who was appearing in public for the first time since Monday, expressed satisfaction with the court's decision, telling journalists that justice had come his way despite the harassment he suffered.
"I'm so happy because of this victory. I call upon all those who have been fighting to let me implement my manifesto in the remaining two and a half years. Those who had put up weapons against me, like President Museveni, should put them down and we develop the city," Lukwago said.
Later, he drove towards city hall amid tight security. Aware that KCCA had withdrawn his official vehicle and other privileges after his impeachment, Lukwago was riding in a grey Toyota Land Cruiser driven by Butambala MP, Muhammad Muwanga Kivumbi.
Tumwebaze reacts
Kampala Minister Frank Tumwebaze, who presided over the council proceedings that resulted in Lukwago's impeachment on Monday, said he had written to the Attorney General seeking clarification on the court order he says he never saw.
"While I respect the ruling of Justice Nyanzi giving an order to me to stop the convening of a KCCA meeting as well as implementation of the tribunal report until an administrative review application is heard, I'm wondering how practicable this ruling is," Tumwebaze said.
"How do you implement an order that seeks to stop an activity that has already taken place? … What then do these orders intend to stop?"
Who is Justice Yasin Nyanzi?
Before Justice Yasin Nyanzi nullified the impeachment of lord mayor Erias Lukwago, he was one of the little-known High court judges in the country – who was appointed in 2011. The judge formerly worked in the law firm Nyanzi, Kiboneka and Mbabazi advocates. It was opened after Nyanzi graduated from Makerere's school of Law in 1988.
He obtained his postgraduate diploma in Legal Practice from the Law Development Centre in 1989, before joining the ministry of Lands as a Lands officer. He rose to become a registrar of titles in 1993, before joining private practice in 1994.
Before handling the controversial application which sought a temporary injunction stopping implementation of the tribunal report, Nyanzi was known as the judge who dismissed an application by NGOs seeking to temporarily block the deactivation of unregistered Sim cards on grounds that no evidence had been adduced to prove that anyone had been deliberately left out.
Celebrated criminal lawyer Macdosman Kabega added that he respects Nyanzi as a judge who understands the law, owing to the long period spent in private practice.
Before he was posted to the civil division of the Kampala High court last year, Nyanzi was in Arua, where he jailed a priest attached to Nebbi Catholic diocese Fr Santos Constatino Wapokura, 47, for 10 years after convicting him of defiling a 15-year-old girl.
The girl was a house maid at Pakwach Catholic mission. Nyanzi has repeatedly stated that he hates politics.
slubwama@observer.ug
dkiyonga@gmail.com
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