Ssekaana thus dismissed the application emphasising that the courts cannot grant an injunction which will have the effect of suspending the operation of legislation or the functions of the public body.
Retired Lt General Henry Tumukunde. File Photo
High Court has dismissed with costs the interim application in which presidential hopeful retired Lt General Henry Tumukunde wanted court to block the summons requiring him to appear before the Criminal Investigations Department of Police in Kibuli.
On Tuesday, Justice Musa Ssekaana the Deputy head of Civil Division of High Court dismissed the application saying that Tumukunde has not availed any evidence to support his case.
Last month, Tumukunde through his lawyers led by Anthony Wameli petitioned court challenging the August 17 2020 summons issued by the Director CID, Grace Akullo.
“The CID is investigating allegations to the effect that on several occasions, at your office and residence both in Kololo and other locations with in the country, you have held meetings with army veterans discussing issues related to politics,” the summons read.
However Tumukunde challenged the summons arguing that the summons in contention tantamount to a violation of his constitutional right to liberty and freedom of expression.
Tumukunde also noted that there is a looming arrest based on the said summons, which he argued, did not specify whether he is to appear as a suspect or witness.
Court also heard that Tumukunde is most likely to suffer irreparable damages should court fail to grant him a temporary injunction.
However the application was opposed by the CID Director Akullo who told court that she got numerous intelligence reports that Tumukunde was engaging veterans to disorganize the ongoing electoral process. Akullo further asked court to dismiss Tumukunde's application because the law mandates police to issue summons to people suspected of committing a crime.
In his ruling today Justice Musa Ssekaana dismissed the application saying that Tumukunde only showed material facts and left his court in limbo so as to know, understand and appreciate his case.
"The sum effect is that he has failed to make out a prima facie case that would have moved court to exercise it's discretion to grant a temporary injunction." said Ssekaana.
He explained that court's powers should be exercised judicially and in public interest explaining that no injuction causing administrative inconvenience resulting in public mischief should be granted .
"The courts should be reluctant to restrain the public body like Uganda Police Force from doing what the law allows it to do. In such circumstances, the grant of an injunction may perpetrate breach of law which they are mandated to uphold under the constitution of Uganda", the Judge added.
Ssekaana thus dismissed the application, emphasizing that the courts cannot grant an injunction which will have the effect of suspending the operation of legislation or the functions of the public body.
Last week , Justice Ssekaana declined to summon AIGP Grace Akullo to be cross examined over her affidavit she swore objecting to this case.
However, there is a main case challenging the legality of these summons which is pending determination on October 23 2020.