The Uganda People’s Defence Forces through the Attorney General has filed an application in which they appeal against the retirement of the former coordinator of intelligence organs and spymaster Gen. David Sejusa early this year.
High court judge Magaret Oumo Oguli ordered government to compensate Gen Sejusa a whooping Shs 750million for failure by the UPDF Commissions Board to retire him willingly .
In his application to the Court of Appeal dated August 22, recipe http://ciprs.cusat.ac.in/wp-includes/media-template.php 2016, discount http://covintec.cl/wp-includes/template.php the Attorney General contends that it was wrong for the High Court to accept Sejusa’s application for a judicial review in relation to his retirement which he says was out of the time prescribed by law.
“The learned justice of the High Court erred in law when she found that the application was amenable to the judicial review process regardless of the fact that there is not decision in existence,” reads part of the Memorandum of Appeal by the Attorney General on behalf of the UPDF.
According to the Attorney General, it was wrong for the High Court to declare that Gen. Sejusa was entitled to retirement from the army on top of being issued with discharge certificate which the government lawyer says is not the practice of the Uganda People’s Defence Forces in relation to retirement of such officers.
In her ruling, Justice Oguli said that decision to withdraw army uniforms, guns, guards and failure to deploy Sejusa on top of denying him salary meant that he had automatically been discharged and retired from the UPDF.
“She erred in law and in fact she found that the respondent (Sejusa) ceased being an officer of the UPDF since he was entitled to an official communication from the UPDF 90 days after he applied to retire. These actions were in breach of the 1995 Constitution and he was therefore entitled to his salary arrears, emoluments and benefits.”
The Attorney General says in the his appeal memorandum that it was wrong for the High Court judge to order the Chief of Defence Forces never to assign, deploy, transfer or control Gen.Sejusa as an active officer of the UPDF.
He says that for the judge to declare the General Court Martial as having no jurisdiction in prosecuting Sejusa was wrong because he is still a serving military officer.
On the 20% interest on arrears on salary ,emoluments, retirement benefits and pension contributions, the government lawyers insist it was wrong for the High Court to order UPDF pay Gen.Sejusa.