The Principal State Attorney Lino Anguzo said that the lawyers of the applicant erred in law when a civil related application was served to the DPP. He advised that the DPP be struck off from the case and the case be instituted against the Attorney General of Uganda.
The Grand Mother to of Omar Awadh Omar , Yusuf Aminah in Court to Support the Application
The Director of Public Prosecutions-DPP has been removed from the list of respondents to a petition, challenging the deportation of Omar Awadh Omar, a Kenyan national who was recently acquitted of terrorism.
Omar Awadh Omar is one of the twelve people that were arrested in relation to the 2010 bombing that targeted Ugandans who were watching the World Cup final between Spain and the Netherlands at Kyaddondo Rugby Grounds and Ethiopian Restaurant in Kabalagala. The attack claimed 70 lives.
But he, and four others were acquitted of all charges on grounds that prosecution had failed to prove a case against them. He was however rearrested and later charged with terrorism.
Last week he was freed again after the Director of Public Prosecutions discontinue his trial. Moments after the decision, the court received his deportation letter, indicating that he had been deemed to be undesirable and would be sent back to Kenya.
He challenged his deportation before the International Crimes Division of the High Court stating that although his late father Omar Awadh was an Arab of Kenyan origin, his mother Fatuma Said Abdallah is a Ugandan citizen resident in Uganda. He added that after his father's death, his mother is the only point of contact he has.
The hearing notice for the application was served to the Director of Public Prosecutions. But the Principal State Attorney Lino Anguzo said that the lawyers of the applicant erred in law when a civil related application was served to the DPP. He advised that the DPP be struck off from the case and the case be instituted against the Attorney General of Uganda.
In approval, Justice Margaret Oumo Oguli ruled that that was an erroneous move because the office of the DPP is mandated to handle criminal proceedings, not civil matters. She directed the lawyers to serve the Attorney General and return to the court on September 19 for the hearing of the matter.