I won't challenge court decision that I am still a serving army officer, says Gen Sejusa

Former coordinator of intelligence organs, Gen David Sejusa has said he will not challenge the recent Court  of Appeal ruling that maintained he is still a serving army officer in the UPDF.

A panel of three justices of the Court of Appeal on Monday ruled in government’s favor by overturning the High Court ruling that  had held that Gen Sejusa was no longer a serving army off.

The ruling meant that Gen Sejusa is still a serving army officer who can still be deployed by President Museveni who is also the commander in chief of the armed forces.

Commenting about the matter on Wednesday, Sejusa said he will not challenge the Court of Appeal decision.

“I will not appeal to Supreme Court. Thank you all who stood by me,” Gen Sejusa tweeted.

He said he was tired of endless court battles.

“In 1996-7 case, I won in Constitutional Court, government appealed to Supreme Court and it won. In the 2016 case, I won in High Court government appealed to Court of Appeal.”

In 2016, High Court judge,Margaret Oguli Oumo ruled that Gen Sejusa was entitled to constructive discharge by issuing him with a discharge certificate since he had ceased to be a serving officer in the army from the day his employer withdrew his salary, allowances and other benefits.

The judge of the High Court declared that Gen Sejusa is no longer subject to military law and ordered government to pay him Shs750 million as damages for violating his rights when he was arrested, detained, prosecuted and denied bail by the General Court Martial.

In her 2016 ruling, Justice Oguli faulted the army leadership for being discriminative for retiring other officers at the rank and those that of Gen Sejusa yet his application for retirement had not been considered despite fulfilling the conditions of advanced age and being sickly.

However, the Attorney General appealed against the decision in the Court of Appeal.

In their Monday ruling ,the panel of justices of the Court of Appeal also reasoned with the lower court that it was wrong for the UPDF Promotions Board to turn a blind eye to Gen Sejusa's application for retirement but asked him to file a suit challenging the same.

During the most recent retirement list for UPDF generals, Gen Sejusa's name was missing as senior officers some of whom he was with in the bush and others below him were retired from active services of the army.

Last year's retirement list had names like Gen Ivan Koreta, Lt Gen Pecos Kutesa(RIP), Lt Gen Jim Owoyesigyire, Maj Gen Christopher Kazoora Murema,  Maj Gen Moses Ddiba Ssentongo, Maj Gen Robert Rusoke and Maj Gen Fred Mugisha .

The retirement process

The UPDF Conditions and Terms of Service provide that it’s illegal to keep army officers in active service once they clock a certain age but are not promoted to the next rank.

For example, it’s illegal to have an officer at the rank of captain or major, aged 50, in active service.

At the age of 40, if a captain is not promoted to major, the army must retire the officer.

Regulation 28, Cap 307 of the terms of service specifies at which age an officer should be promoted to another rank if not be retired from the service but according to army sources, the UPDF continues to flout section of its own regulations.

From the rank of Lieutenant to Captain, one can apply for early retirement at 40 years, while a Major can leave service at 45.

A Lieutenant Colonel in the UPDF can retire at 47, while a Colonel’s retirement age is 51.

From the rank of 2nd Lieutenant to General, an officer can rightly apply for retirement after 14 years of service, while the lower ranks can retire after nine years.