Concerns regarding rule of law as AG stops court order execution

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OPINION

By Nicholus Agaba

I write to highlight a grave concern regarding the rule of law in Uganda, stemming from the Attorney General’s failure to comply with court orders in Nanding & 6 Others v Attorney General (Miscellaneous Cause No. 22 of 2024).

On August 16, 2024, the High Court, under Hon. Justice Ssekaana Musa, ruled that the Ministry of Public Service’s decision to reduce salaries of Uganda Police Force legal officers was unconstitutional, illegal, and ultra vires, violating a presidential directive. The court issued orders for certiorari to quash the decision, mandamus to ensure payment of enhanced salaries, and costs to the applicants.

The Attorney General has claimed an appeal was filed, with only a notice of appeal lodged on August 20, 2024. However, no record exists in the Court of Appeal registry, and an application for a stay of execution, supported by an affidavit sworn by Allan Mukama filed on 3 September 2024, remains unprosecuted and stands administratively closed for nonpayment of court fees as reflected on this nation’s ECMIS system.

Ugandan law, as clarified in Michael Mabike v Law Development Centre (Misc. App. No. 16 of 2015), requires a formal stay to suspend court orders. Without it, the orders remain binding.

Hon. Justice Ssekaana in Ekau v Dr. Ruth Aceng & Attorney General (Miscellaneous Application No. 746 of 2018) emphasised that “a party who walks through the justice door with a court order in his hands must be assured that the order will be obeyed by those to whom it is directed.”

Failure to comply constitutes contempt of court, which undermines the authority of the judiciary and the rule of law, something that has left us wondering why those we run to to enforce orders still hold unenforced orders in the hands of the learned Attorney General.

By advising non-compliance based solely on an appeal, the Attorney General is effectively halting execution by word of mouth, misleading Parliament and the public. This undermines the judiciary’s authority and causes severe hardship for the affected officers, who face loan deductions and financial strain, unable to afford basic needs or school fees. Their role in maintaining law and order makes this injustice particularly stark.

I urge the Attorney General to comply with the court’s orders or secure a stay through proper legal channels. The public deserves transparency, and the officers deserve justice. Let us uphold the rule of law.

The writer is a lawyer at Soita & Co. Advocates and a Rule of Law Champion

agabanicholus88@gmail.com