By Juliet Kigongo
Presidential aspirant Henry Tumukunde has filed a petition seeking to refer his case, where he is challenging his criminal prosecution, to the Constitutional Court for interpretation.Lt Gen Tumukunde sued the Attorney General (AG) and the Criminal Investigations Director, Ms Grace Akullo, for allegedly infringing on his rights. He asked court to remove the AG from his case, which court declined to do.High Court judge Musa Ssekaana declined to issue an injunction stopping police summons against Gen Tumukunde, saying he had not presented any evidence to support the claims of infringement on his rights.However, Gen Tumukunde alleges that during the proceeding of the case before Justice Ssekaana, a number of issues arose that require constitutional interpretation. Gen Tumukunde wants the constitutional court to determine whether the functions of AG extend to representing individual civil servants, who have been personally accused of human rights violations. He also demands that court to determines whether the act of criminalising the discussion of politics with veterans by Ms Akullo was discriminatory and an infringement on his right and the said veterans, to freedom of association.Gen Tumukunde is challenging police summons to answer charges of meeting army veterans during mobilisation for his presidential bid.Lawyer saysIn a sworn affidavit in support of Gen Henry Tumukunde’s application, his lawyer Mr Geofrey Turyamusiima, said during the hearing of the their application for temporary injunction, it transpired that the AG was representing Ms Akullo who has been sued in her personal capacity. He said Gen Tumukunde sought to withdraw the case against the AG but court declined to grant the prayer. Mr Turyamusiima said Ms Akullo is wrong for summoning Gen Tumukunde on allegations of discussing politics with veterans, thereby infringing on his right to freedom of speech and expression. “It is in the interest of constitutionalism, rule of law, promotion and protection of human rights that these questions are answered by the constitutional court,” he said.