Attorney General Peter Nyombi has petitioned the High Court in Kampala seeking its orders among others quashing his two-year suspension for allegedly being incompetent.
The Uganda Law Society (ULS) on August 29 suspended Nyombi from their professional body. In an extra-ordinary general meeting held at Imperial Royale Hotel in Kampala, the lawyers unanimously resolved to issue Nyombi with a certificate of incompetence following a series of controversial legal opinions that he gave to the President and other stake holders.
But now the Attorney General argues that a declaration that the purported resolutions of membership reached at the ULS extra ordinary general meeting is illegal, ultra vires and void.
He also wants court to compel the lawyers’ body to run a public apology published under wide circulation for a period of three weeks in both print and broadcast media.
Among other reasons, ULS suspended Nyombi for having misadvised President Museveni on a number of issues including the re-appointing Benjamin Odoki as Chief Justice after retirement and the appointment of Gen Aronda Nyakairima to a ministerial post and yet he was still a serving army officer.
As a result, the lawyers resolved to issue Nyombi with a certificate of incompetence. They also expressed extreme displeasure with the AG before disassociating themselves from his conduct and opinions for being inconsistent with the constitution
But in his complaint that he filed before court on September 20, Nyombi argues that he was condemned by the ULS unheard; a move he says is contrary to the rules of natural justice.
Through his lawyers of Kampala Associated Advocates, he also faults the Law Society for not having any powers to suspend him and that their resolutions are null and void.
Nyombi who is also a member of the ULS by virtue of section 4 of the ULS Act, justifies his legal opinions as being correct on grounds that the government in a statement instead cherished them for being well researched.
He also claims that the ULS did not give him any reasons as to why his legal opinions were wrong. He further states that the cases cited by the ULS as a basis for his suspension are still before the Constitutional Court for determination.
Court is yet to summon the ULS to file in its defense before a hearing date can be fixed.