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Activist Loses Bid to Quash Appointment of Bank of Uganda’s Director Supervision

It adds that, “therefore, the question of time starting to run from the date of the final decision cannot arise in the circumstances since the final decision is not an issue before this court”.
Governor Emmanuel Tumusiime Mutebile with Executive Director Supervision Twinemanzi Tumubweine before COSASE.
The High Court in Kampala has dismissed with costs an application challenging the appointment of Executive Director in Charge of Supervision at Bank of Uganda Dr Twinemanzi Tumubweine.

 

Activist Arnold Mukose's application has been dismissed by Civil Division Judge Phillip Odoki on grounds that it was filed out the stipulated three months’ time within which to file judicial review cases.

Twinemanzi was appointed Director Supervision on February 7 2018 by the Bank of Uganda Governor Emmanuel Tumusiime Mutebile and the appointment was later confirmed in August 2020 by the Board.

However, Mukose petitioned the court saying that there was no internal and external advertisement of the job, no request by the executive director administration to the governor to recruit an executive director in charge of supervision through headhunting and that other issues were never considered. 

Mukose also accused Twinemanzi of not being fit to be in that position due to a lack of experience in commercial banking saying he has never worked in any commercial bank, which is one of the key requirements for the said job.    

As such, Mukose asked the court to declare that the appointment of Twinemanzi who reportedly graduated in 1996 at Makerere University with a mere pass degree of Bachelors of Science in Statistics and Applied Economics to have been irregular. 

However, during the hearing, the respondents including the Attorney General, Bank of Uganda and Twinemanzi’s lawyers asked the court to dismiss Mukose’s petition. This was on grounds that it is an abuse of the court process as it should have been filed at least within three months after Twinemanzi’s appointment.

Through their lawyers Geoffrey Madete, Andrew Kibaya, Vincent Dubang and Enock Bararata, the respondents told Court that Musoke's application was filed on November 4th 2020 seeking to challenge the decision of the Governor Bank of Uganda made on 7th February 2018; yet the judicial review rule under he filed it gives an aggrieved person three months within which to challenge the decision.

They asked court to strike off Mukose’s case with costs on that basis. 

However, in his ruling sent to parties via email, Justice Phillip Odoki has agreed with the respondents and accordingly dismissed Mukose’s application with costs.

The Judge has reasoned that Mukose did not challenge the final decision of the Bank of Uganda Board of Directors but instead on the preliminary one made in 2018 and as such, the time frame of filing judicial review cases had lapsed.

“…. the affidavit in support of the application clearly shows that the applicant was not aware that the final decision had been made by the time of filing this application. Having been made aware of the decision when the 3rd Respondent/Twinemanzi attached to his affidavit the letter of the Governor, the applicant should have opted to seek for the leave of the court to amend the application to challenge the final decision of the board but he did not”, reads Odoki’s ruling.

  It adds that therefore, "The question of time starting to run from the date of the final decision cannot arise in the circumstances since the final decision is not an issue before this court.”

Speaking to Uganda Radio Network, Mukose has revealed that he is still studying the ruling but he hopes to challenge it in the Court of Appeal because he is not happy with the orders therein.  

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