Kampala, Uganda – East Africa/November 4, 2013
By Tony Bath
Peter Nyombi Vs Law Society: Case Flops at High Court – URN
The Uganda Law Society (ULS) is yet to file its response to the suit in which Attorney General Peter Nyombi, is seeking court orders quashing the two-year suspension imposed on him by the lawyers’ body for alleged incompetence.
The matter had been scheduled for its first hearing this morning before Kampala High Court Judge Stephen Musota.It however flopped after court heard that ULS had not yet filed its response although the mandatory 56 days in which they are supposed to do so were running out.Lawyer Joseph Masiko who represented Peter Nyombi in court wondered why the lawyers’ body had not filed its response and yet they had served it with summons on September 24. But in response, lawyer Mohammed Mbabazi who represented the Law Society, asked court for more time to enable him file the response.Mbabazi told court that he only received instructions from the law society on Friday, November 1st, to represent them hence the delay.After listening to both sides, the presiding judge ordered Uganda Law Society to file its response by Friday, November 8th before fixing December 9 as the date for hearing of the matter at hand.
This matter arose on August 29 following an extra-ordinary meeting of the society in which its members unanimously resolved to suspend Peter Nyombi from their professional body by issuing him with a certificate of incompetence.Among other reasons for his suspension were that he misadvised President Museveni on a number of controversial issues including the re-appointment of Benjamin Odoki as Chief Justice and the appointment of Gen Aronda Nyakairima, a serving army officer, as Minister of Internal Affairs.The lawyers at the meeting also expressed extreme displeasure with Nyombi before disassociating themselves from his conduct and opinions for allegedly being inconsistent with the Constitution.
The matter had been scheduled for its first hearing this morning before Kampala High Court Judge Stephen Musota.It however flopped after court heard that ULS had not yet filed its response although the mandatory 56 days in which they are supposed to do so were running out.Lawyer Joseph Masiko who represented Peter Nyombi in court wondered why the lawyers’ body had not filed its response and yet they had served it with summons on September 24. But in response, lawyer Mohammed Mbabazi who represented the Law Society, asked court for more time to enable him file the response.Mbabazi told court that he only received instructions from the law society on Friday, November 1st, to represent them hence the delay.After listening to both sides, the presiding judge ordered Uganda Law Society to file its response by Friday, November 8th before fixing December 9 as the date for hearing of the matter at hand.
This matter arose on August 29 following an extra-ordinary meeting of the society in which its members unanimously resolved to suspend Peter Nyombi from their professional body by issuing him with a certificate of incompetence.Among other reasons for his suspension were that he misadvised President Museveni on a number of controversial issues including the re-appointment of Benjamin Odoki as Chief Justice and the appointment of Gen Aronda Nyakairima, a serving army officer, as Minister of Internal Affairs.The lawyers at the meeting also expressed extreme displeasure with Nyombi before disassociating themselves from his conduct and opinions for allegedly being inconsistent with the Constitution.
But being aggrieved by the lawyers’ decision, Nyombi decided to sue over the same. He argues that he was condemned by the ULS unheard; a move he said is contrary to the rules of natural justice.
He also faults the law society for not having any powers to suspend him and that their resolutions are null and void. He further claims that the ULS did not give him any reasons as to why his legal opinions were wrong.
Nyombi states that the cases cited by the ULS as a basis for his suspension are still before the Constitutional Court for determination.
Nyombi, who is also a member of the ULS by virtue of section 4 of the ULS Act, justifies his legal opinions to President Museveni as being correct on grounds that the government in a statement instead cherished them for being well researched.
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