Presidential Hopeful and Former Security Minister Gen Henry Tumukunde has dragged the Director Criminal Investigations Assistant Inspector General of Police (AIGP) Grace Akullo and Attorney General William Byaruhanga to court for illegally summoning him on none existence case offence and demands shs 70m for his damages.
Gen Tumukunde, through his lawyers Wameli & Co Advocates filed a civil suit at civil division of high court under file under 480/2020.
Tumukunde says that police’s criminal summons against him to appear at CID offices in Kibuli was a violation of his rights under the 1995 Constitution.
Gen Tumukunde alleges that on 17/08/2020, while at Njeru in Kayunga District, he was illegally arrested and detained by Uganda Police Force for about 8 hours.
He says that a few minutes after his release, he was informed by his lawyer, Wameli Anthony Yeboah, that he had received a summons on his behalf from a Police Officer attached to Criminal Investigation Division (CID) offices in Kibuli.
Inside the summons, Tumukunde says CID alleged that he had held meetings with Army veterans discussing issues related to politics.
He adds that inside the summons, no offence was stated and it didnot show whether he is being summoned as a suspect or a witness. The summons were also copied to the Chief of Defense Forces (CDP) of the UPDF.
Tumukunde says he instructed his lawyers, Kagoro Friday Roberts, to attend to Akullo to establish the reasons for the summons, but the lawyer was instead made to attend a meeting involving police and military officers including Brigadier General DamuZira Christopher attached to the UPDF and the Army Court Martial, COZ. Moses Wandera also attached to the UPDF and the Army Court Martial and Lt. COZ. Mugisha Raphael, attached to the UPDF and a Prosecutor in the Army Court Martial.
He therefore asked court to issue orders restraining CID and the Attorney general, their servants, agents or any persons acting under or with them, from further violating or threatening his rights guaranteed under the 1995 Constitution.
Tumukunde also demanded that the summons dated 17/08/2020 and the contents therein issued to the him by police summoning the him to the Criminal Investigations Division (CID) offices are not acceptable or demonstrably justifiable in a free and democratic society and therefore an infringement and/or threat to his rights guaranteed under the 1995 Constitution.
Gen Tumukunde says “as far as I know I am a civilian who is not subject to or connected to the UPDF or military law in any whatsoever.”
“I know that there are several individual politicians and political groups or organizations that have engaged veterans in their political activities but none of them has been summoned by the 2nd Respondent or the Uganda Police.” Reads Tumukunde’s affidavit.
He adds that a matter of fact, the National Resistance Movement Organization (NRMO), the ruling political party, has organs that provide for and involve veterans in its political activities and this is provides for in its constitution.
Gen Tumukunde then asked court to issue an order directing the respondents to, personally and individually, pay general damages of ushs. 70,000,000 (seventy million), punitive damages for their high handedness and fragrant breach of the law.