Kampala — THE Supreme Court yesterday quashed a government attempt to block a cash award of about Shs4.5 trillion in salary arrears and allowances to over 45,000 soldiers who served under late Presidents Idi Amin and Milton Obote.

This means that each veteran will get Shs1 billion on average if the money is ever paid.

The award was sanctioned in March by the Court of Appeal after the ex-servicemen convinced court that they were never discharged officially from then Uganda Army. The government then chose to appeal against the ruling, though belatedly.

Supreme Court Judge George Kanyeihamba yesterday dismissed with costs, the government's last minute attempt to block the payment.

Justice Kanyeihamba ruled that since the government conceded and wished to withdraw its "defective" application for extension of time, "I'm dismissing the application with costs to the respondent."

Justice Kanyeihamba was not convinced by pleas from the acting Director of Civil Litigation, Robinah Rwakoojo, that her office did not file the appeal in time because there were no sufficient funds to facilitate the process. Opposing lawyer, Mr John Matovu, challenged the appeals for extension of time, saying the government's appeal was simply an "afterthought".

A legal expert familiar with this case told Daily Monitor that "in effect, there is no appeal in the Supreme Court. This means the Court of Appeal order stands."

Court of Appeal Justices, Galdino Okello, George Engwau and Christine Kitumba, overturned a 2005 judgment dismissing the soldiers' claim by High Court Judge, Yorokamu Bamwine.

They unanimously held that the Uganda Army soldiers still belong to the national army and are entitled to all the benefits and salary arrears similar to those given to the UPDF for the last 26 years since UA was deposed by the Uganda National Liberation Army in 1979.

The payments of salary arrears, allowances and general damages of Shs100,000 to each of the ex-service men is supposed to be paid "without undue delay", including interest from the date of judgment.

Court further ordered the government to continue paying the soldiers until it officially retires them with a discharge certificate for each of them. All-together, the government would pay close to Shs 4.5 trillion [about $2.6 billion] in arrears and penalties.

Parties aggrieved by the Court of Appeal decisions are supposed to file notices of appeal within 14 days of the judgment, which the government did in this case. The government only failed to comply with the requirement to submit its grounds of appeal within the 60-day deadline from the time the record of proceedings was made available to them by the Court of Appeal.

"The office of the applicant could not pay the fees for preparing the record of proceedings," Ms Rwakoojo's affidavit sent to the Supreme Court on October 11, reads in part, adding that funds only came in September. "As a result of this late receipt of funds, the payment for security, costs of filing [the appeal] in the Supreme Court could only be undertaken on September 3, 2007."

The process, however, costs less than Shs1 million. But Mr Matovu presented an affidavit challenging Ms Rwakoojo's statements as falsehoods. "The contradictions between the averments of Ms Rwakoojo and the actual conduct of the applicant was an afterthought and the [claims] relating to lack of finances are false," swore one of the soldiers, WOI Akiiki Kiiza.

Mr Matovu told Daily Monitor that what was left now was for him to pursue an order trashing the notice of appeal and confirming the Court of Appeal order. Most of the UA soldiers were arrested, disarmed and detained in Luzira Prison, but later released at different times after President Museveni's National Resistance Army took over in 1986. They mobilised themselves under the auspices of the Uganda Army Service Men Development Association and sued the government four years ago.

Court ruled that Legal Notice no. 1 of 1986 -the instrument which the government used to recognise the NRA as the national army, did not terminate the services of the former soldiers.

The court held that even if the Legal Notice had terminated the appointment of the soldiers, the President would have been bound to effect the termination in accordance with the law - which is giving each of them a discharge certificate.