Gen. David Sejusa has said he will not go to the Supreme Court after the Court of Appeal overturned High Court’s decision declaring him a retired Uganda People’s Defense Forces (UPDF) officer.
The decision to retire him had been made in 2016 by High Court Judge Margaret Oumo Oguli in relation to a suit filed by Gen Sejusa (formerly Tinyefunza) against the UPDF Commissions and Promotions board for refusing to retire him from the military following his application.
The Attorney General then ran to the Court of Appeal to challenge the ruling.
On February 14, 2022, a panel of three Court of Appeal Justices comprised of Christopher Izama Madrama, Irene Mulyagonja and Monica Mugenyi quashed Oguli’s orders. According to the Justices, the High Court expanded its administrative jurisdiction to engage itself in matters concerning the retirement of officers which is a preserve of the UPDF Commission’s, Promotions Board as per the UPDF Act.
“I WILL NOT APPEAL TO SUPREME COURT!” Sejusa tweeted.
“In 1996-7 Case, I Won in Constitutional Court; Govt Appealed to Supreme Court, It Won. In 2016 Case, I Won in High Court. Govt Appealed to Court of Appeal, is Judgement. Thank U All Who Have Stood by Me (us) In These Battles!” he added.
Sejusa had demanded Shs1 billion in compensation and damages for normal loss, as well as punitive damages for consistent torture and arrest. But the army through Senior State Attorney Max Kalemera argued that Sejusa was still an active serving officer, a status that remains unchanged until one gets a discharge certificate.
In his suit, filed in November 2015, Sejusa indicated that he had earlier applied for retirement through the board and received no response within the mandatory 90-days.
The judge of the High Court declared that Gen Sejusa is no longer subject to military law and ordered government to pay him Shs750 million as damages for violating his rights when he was arrested, detained, prosecuted and denied bail by the General Court Martial.
Following the Court of Appeal decision, Sejusa is now not entitled to the Shs750 million that had been awarded to him High Court and this means he can be assigned and deployed as an active officer of the army.