Hillary Nsambu, Anne Mugisa and Nuliat Nakiwala
14 October 2008
Kampala — BRIGADIER Henry Tumukunde's removal from Parliament was unlawful, the Supreme Court has ruled.
The Court said the Constitutional Court was wrong to rule that he lawfully resigned his seat.
"Neither the Commander-in-Chief nor members of the High Command are empowered by the Constitution to force a member of Parliament to resign or recall him from Parliament," the lead judgment, read by Justice George Kanyeihamba, said.
It said the only way to recall a Member of Parliament, who is an active soldier, was through a special meeting of the UPDF Constituency to debate and pass a resolution.
The court pointed out that Tumukunde in a letter to the Speaker said he had been directed to resign.
The Supreme Court, however, rejected Tumukunde's claim that the Electoral Commission illegally declared his seat vacant after his departure.
It also upheld the Constitutional Court ruling that the charges against Tumukunde before the Court Martial for uttering political statements did not contravene the Constitution. The ruling further directed the Government to bear the cost of the suit but did not mention anything about paying his salary arrears or other allowances.
Tumukunde appealed to the Supreme Court after the Constitutional Court ruled that he lawfully resigned from Parliament. He also challenged the Electoral Commission for declaring his seat vacant and the Government for dragging him to the Court Martial over his political utterances.
The Minister of State for Justice and Constitutional Affairs, Fred Ruhindi, yesterday refused to comment on the ruling, saying that the Attorney General still has to study the judgment. When contacted, Army spokesperson Major Paddy Ankunda also declined to comment.
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