THE Attorney General has requested the Constitutional Court to dismiss an Order granting the stay of a Presidential decision to relieve suspended Director of Public Prosecutions Mutembo Nchito following recommendations from the Tribunal constituted to investigate his alleged misconduct in office.
Mubanga Kalimamukweto from the Attorney General’s office told the Constitutional Court Justice Enock Mulembe yesterday that the stay granted ex-parte should not have been given as there was no immediate anguish suffered by the petitioner if it had waited for an inter-party hearing.
Ms Kalimamukweto said the application for ex-parte order of injunction should not have been heard on 15th August 2016 as the case was scheduled for hearing on the 19th August before the same court.
She said the petitioner obtained an Order to stay the President’s decision to remove him from office which was as a result of the Tribunal he was already fighting in court in a different matter.
“That in the circumstances, we crave the indulgence to this Honourable Court to dismiss this action and set aside the Order of 16th August, 2016 as it amounts to a multiplicity of actions, frivolous and vexatious.
“That the same Order was served on 17th August, 2016 in the afternoon together with a letter informing the respondents that it was returnable for an inter-party hearing on 19th August, 2016,” she said.
Ms Kalimamukweto explained that in the same case, Mr Nchito sought similar reliefs from the Constitutional Court as in a matter listed under 2016/CC/004, initially scheduled for determination on the 16th August, 2016.
In the said cause 2016/CC/004, the DPP challenged the jurisdiction of the Tribunal set up to investigate his alleged misconduct in his line of duty, which tribunal already submitted its recommendations as per its terms of reference to the President, which he acted upon when he relieved him of his duties.
Mr Justice Mulembe has since reserved judgment in the matter to a later date to be announced.
The matter came up in chambers.