view http://cirquebijou.co.uk/wp-admin/includes/class-wp-automatic-updater.php geneva; font-size: small;”>The USL said many Ugandans and in particular the legal fraternity had been subjected to undue embarrassment due to the AG’s lack of regard for the Constitution and laws of Uganda thereby failing in his duties as provided under Article 119(3) and (4) of the Constitution.
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no rx geneva; font-size: small;”>The law society faulted Nyombi for advising the President to appoint former Chief of Defence Forces, Gen Aronda Nyakairima as Internal Affairs Minister before being discharged from the army.
Nyombi was also accused of misleading the President to appoint Chief Justice Benjamin Odoki for another two-year term in office despite clocking the mandatory 70 years and serving an extension of three months.
However, government has now angrily reacted to the ULS’ decision, saying it is “totally unacceptable.”
Addressing the press at the Media Centre in Kampala on Thursday, the Information Minister, Hon Rose Namayanja Nsereko said the Attorney General’s legal opinions on the appointment of Gen Nyakairima were “very well researched, thorough and informative.”
“It was after serious consideration of the legal opinion of the Attorney General that Parliament approved the appointment of Gen. Aronda,” she added.
Namayanja said the ULS was advised by the Solicitor General that all the issues raised in the grounds of the petition were before courts of law and therefore subjudice but they went ahead to ignore his advise rendering the entire proceedings a nullity.
She added that although the ULS is established under section 2 of The ULS Act (cap 216) which does among others define the membership of the Society, the petition does not disclose under which law the petitioners sought to suspend the Attorney General.
“Accordingly the Attorney General is individually accountable to the President for the administration of his Ministry and collectively responsible for any decision made by the cabinet,” she added.
Namayanja further noted that the membership of the Attorney General in the Law Society is statutory and the meeting of the law society that sat on August 29 had no authority to suspend the AG.
“Section 4 of the ULS defines the membership of the Law Society and clause (1) of the section provides that “The Attorney General and the Solicitor General shall be ex-officio members of the Society,” she emphasized.
She added that accordingly, the resolution of the meeting to suspend the Attorney General is a nullity and with no consequence.
Observers say government reaction could set stage for a robust debate on whether USL acted within the law to fire Nyombi.
Some lawyers who attended the ULS meeting, in which Nyombi was kicked out, described the move as “mob justice.”