Government has appealed a ruling by High Court ordering the UPDF Commissions Board to retire Gen David Sejusa.
Judge Magaret Oumo Oguli in her May 28, 2016 ruling, ordered government to compensate Gen Sejusa with Shs750m for failing to retire him in time.
In protest, the Attorney General in his application filed before the Court of Appeal on August 22, 2016, disputes the ruling citing at least 10 grounds why Sejusa can’t retire from the army.
One of the grounds that the Attorney General raises is that the trial judge misinterpreted both the law and facts in reaching that decision.
According to the government legal advisor, Sejusa ought to have received an official communication from the army within 90 days after he had applied to retire.
As such, justice Oguli erred in law when she found that the application was amenable to the judicial review process regardless of the fact that there is no decision in existence.
“These actions were in breach of the 1995 Constitution and he was therefore entitled to his salary arrears, emoluments and benefits,” the application reads.
The judge is also faulted declaring that the General Court Martial had no jurisdiction to try Sejusa yet he is still a serving military officer.
According to Justice Oguli, the decision to withdraw army uniforms, guns, guards, salary and failure to deploy Sejusa he had been discharged from the armed forces.
Government also argues that being a serving military officer, it was wrong for court to order the Chief of Defence Forces [CDF] Gen Katumba Wamala not to deploy Sejusa or to pay him 20% interest on arrears on salary, emoluments, retirement benefits and pension contributions.
AG thus prayed that the case be re-opened so the former coordinator of intelligence services can face the law for uttering partisan statements and participating in politics.