Lawyer runs to court over Gen Muhoozi’s "involvement in politics"; wants UPDF to discipline him

A lawyer has petitioned the Constitutional Court to challenge what he termed as involvement in campaign politics by the Commander of the Land Forces, Lt Gen Muhoozi Kainerugaba that he wants the UPDF to discipline him for going against its code of conduct.

Lawyer Gawaya Tegule on Friday petitioned the court to jointly sue Gen Muhoozi in his capacity as the Commander of the Land Forces, the Chief of Defence Forces in the UPDF who has duty to oversee the military arm of government but also the Attorney General as the principal legal advisor to government.

The lawyer in his petition says that he seeks the Constitutional Court’s interpretation of issues pertaining Gen Muhoozi’s alleged involvement in politics in the past months that he thinks are illegal.

“The acts of the first respondent dubbed as MK@48 including national and district “birthday celebrations” as well as the political pronouncements in general and the manifest presidential campaigns in particular on the first respondent’s Twitter  handle @MK are inconsistent with an a contravention of Article 208(2) of the Constitution which provides that the UPDF shall be non-partisan, national in character, patriotic, professional, disciplined, productive and subordinate to the civilian authority as established under this constitution,”Tegule says.

The lawyer in a bid to prove his case has tabled evidence in form of tweets by Lt Gen Muhoozi Kainerugaba,  photos of T.shirts with Gen Muhoozi’s pictures and inscriptions of “Muhoozi is the next president” as some of the evidence to show that the Commander of the Land Forces is involved in a political campaign.

The lawyer insists this is illegal and goes against the Ugandan Constitution.

“The acts of the first respondent and the security infrastructure in Uganda comprising of the UPDF and Uganda Police Force and other security agencies in charging part of the expenditure of the birthday party and other attendant activities on the Consolidated Fund is contrary to the provisions of the Constitution in articles 2 and 154.”

According to court documents, the lawyer says that being President Museveni’s son, Lt Gen Muhoozi has continued to enjoy preferential treatment from the UPDF as he participates in partisan politics which is also a violation of the Constitution by also failure by the army  leadership on executing  its duties.

“Previously, acts with political overtones by serving officers like Gen David Tinyefuza(now Sejusa) and Lt Gen Henry Tumukunde have been met with quick, malevolent crackdowns by the UPDF which included suspensions and court proceedings in the name of disciplinary sanctions a manifestation of discriminatory approach in application and enforcement of the law,”Tegulle says.

The lawyer insists that failure by the army leadership to warn or advise the first respondent against the said actions contravenes the constitution.

He also says it is wrong for the Attorney General to provide good, proper and fitting legal advice and guidance to the UPDF and the Lt Gen Muhoozi Kainerugaba is unlawful.

Declarations

The lawyer seeks the Constitutional Court to declare that the actions of Lt Gen Muhoozi Kainerugaba , his conduct and character as highlighted above while still a serving army officer contravene articles 2,3, 21, 208(2), 208(3), 2019 and 210 of the Constitution.

“The petitioner seeks declarations that by violating the constitution as contended here in, the first respondent committed the offence of treason and is liable to prosecution in accordance with the law as laid down.”

He also wants court to declare that it is unconstitutional for the Chief of Defence Forces and the Attorney General to give legal advice to the first respondent.

Lawyer Tegulle has also asked court to issue orders that Lt Gen Muhoozi Kainerugaba desists from carrying on his political activities while he is still a serving army officer, be prosecuted for treason but also the CDF and Attorney General discharge their constitutional mandate without fear or favour and with effectiveness and efficiency to the last drop.