The Deputy Attorney General Mr Mwesigwa Rukutana who is also representing the 3rd respondent (AG on behalf of government) in the ongoing election petition at Supreme Court has hailed Mbabazi’s lawyers for doing a good job despite them having a very bad case.
Mr Rukutana while submitting to court on Friday morning on behalf of government said the petition is “The petition is shallow, frivolous, devoid of any merit, adventurist and any reasonable court would strike it with costs.”
“I thank the counsels for the petitioner, they did a very good job but they had a very bad case, the results we pray for should not be their fault, they are very able lawyers,” Mr Rukutana said
“My lords, i pray that court strike off the 3rd respondent (Attorney General) with costs and the remainder of the petition be dismissed also with costs,” Mr Rukutana added
Rukutana argued that the petitioner dragged the Attorney General to court wrongfully and hence not supported by the law.
Quoting article 119 of the constitution, Rukutana argued that the AG is only supposed to provide legal advice and support to a government entity that seeks it to answer a petition in court.
He also adds that in 2006, the law was clear that the AG is not part of the presidential petition and that has never changed.
“The petitioner ( Amama Mbabazi) is a lawyer who ought to know the law, a former AG, a senior counsel like he claims,” Rukutana wondered how a lawyer could fail to know that the AG is not party to this case.
We were wrongfully attached to election petition- Attorney General
The office of the Attorney General was wrongfully included as respondent the election petition, the Deputy AG has said.
Rukutana said that the Attorney General is an office that is entitled to give legal advice to government entities sued in court and thus by the law is not supposed to be sued independently.
Rukutana argues that although the Supreme Court ruled in 2001 and in 2006, that the constitution, the Presidential Elections Act, the Electoral Commission Act and rules thereof be amended, to include the Attorney General as a possible respondent to the proceedings, the laws have never been amended to that effect.
“The petitioner (Amama Mbabazi) is a lawyer who ought to know the law, a former AG, a senior counsel like he claims. How can a lawyer fail to know that the AG is not party to this case,” he said.
Mr Rukutana then asked court to dismiss with costs the petition challenging Yoweri Museveni’s victory in the recently concluded elections.