High court judge justice Margaret Oumo has accepted the application filed in court by Attorney General seeking court to allow them to file in affidavit in reply out of time in a case where Gen David Sejusa seeks court to interpret whether he is still regarded a UPDF officer when the army withdrew his uniform, guns and other benefits entitled to an active army officer.
This followed the striking off record the state’s affidavit in reply on grounds that it was illegally filed since it was presented after the elapse of 56 days provided for by the constitution
While dismissing this affidavit, Justice Magaret Oumo Oguli advised the state to file an application to the High Court Registrar asking him to allow them file another affidavit out of time before the 8th Of April 2016 which they did
However Sejusa’s lawyers led by David Mushabe challenged this newly filed application on grounds that the state had used the same factors which had been raised in the earlier dismissed petition.
In her ruling this afternoon, Justice Oguli said that being that the state acted to the court’s ruling to file a fresh application in time; it was a sign that the only failed to do so the first time some small glitches. Now that they corrected this, she said they ought to be allowed to present their affidavit.
The judge added that courts of law are temples of justice which work on the policy of a fair hearing and being that the state is the one accused it in this case it has to be accorded a fair hearing so that a ruling can be made after hearing both parties in the matter.
“If court is to conduct this matter with only party participating it will be acting against cardinal principles of justice and that means that this matter in question will not be resolved completely because this process will be against Sec 98 of the Civil Procedure Act which gives court powers to prevent any abuse of justice.”
Oguli went further and dismissed the claim by Gen Sejusa’s counsels that Attorney General was seeking special treatment from court yet the law put all Ugandans at the same level
In her ruling Oguli said that the applicant being an Attorney General, he was not seeking any special entitlement since he complied with the law and filed a fresh affidavit as he was ordered in the court ruling
The judge thus ordered state to file in their affidavit in reply as soon as possible and fixed the hearing of the main application on 28th April 2015.