The Inspector General of Police, IGP Martin Okoth Ochola will be sued if he does not direct five police officers whose tenure of office in Uganda Police has expired to vacate office.
The directive is contained in a letter from CREDO ADVOCATES who represent a one Tayebwa Martin, an Advocate of the High Court of Uganda and a defender of Rule of law.
According to Tayebwa, five individuals; Joseph Mugisa, Lemmy Twinomugisha, Asuman Mugyenyi, Haji Moses Balimwoyo and Dr. Kasiima Stephen have no mandate in law to execute duties purportedly on behalf of Uganda Police/Government of Uganda.
He adds that the working contracts have neither been renewed nor extended by the legally authorized appointing authority. The letter further indicates that not even the Minister of Internal Affairs has the basis in law to temporarily keep the individuals in office without running contracts, arguing that the minister’s actions are Ultra vires his powers.
Tayebwa says that the five individuals have assistants/deputies who can serve in those offices until the appointing authority takes a decision. The excuse of a vacuum doesn’t hold, he adds.
“Any form of emoluments and or allowances paid out to these individuals outside the contractual period would be illegal and a form of corruption. By allowing someone to occupy a government office without any form of contract, you are actually promoting maladministration, impunity and a tendency of lack of accountability. This is criminal and thus punishable by law” the letter reads.
Tayebwa now demands that the IGP directs the individuals to vacate their respective offices not later that two days from receipt of the letter or be sued in his individual capacity with the result that court orders him to pay all the monies that the impugned individuals would have drawn from government for all the period they shall have illegally occupied office.
“We await to see your commitment to the spirit of constitutionalism and rule of law.”
The development comes just one day after the Internal Affairs minister, Gen. Odongo Jeje wrote to the IGP instructing him to allow the officers stay in office until the appointing authority determines otherwise.
The minister’s letter however, has names of 12 officers, 7 of which are not included in Tayebwa’s letter. The seven officers include; Asan ksingye, Edward Ochom, Felix Ndyomugyenyi, Abas Byakagaba, Haruna Isabirye, Andrew Sorowen and John Dugutse. It remains unclear why Tayebwa left these officers out of his intended suit.
