Kampala – The ‘contract wars’ that had engulfed National Drug Authority [NDA] for sometimes is now before the Court – TND News has obtained evidences.
The conflict is between Mrs Nakachwa Florence Obiocha, the Head of Drug Assessment and Registration and Dr Medard Biteyerezo who is the current Chairman Board of Directors, NDA.
In a Civil Suit No. 50 of 2020 before High Court Kampala [Civil Division] in which the latter received on 7 February, 2020, Mrs Nakachwa, using M/S Kituuma-Magala and Company Advocates as her law firm [Lawyers], among many plaints, wants High Court to put an injunction on the decision by the 2nd Defendant [Dr Medard Biteyerezo] to cause the 6th Authority of the Board of Directors of the NDA not to renew her contract.
Through her Lawyers, Ms Nakachwa tells Court that her contract which expires on 28th February, 2020 is not renewed because of her chronic illness – terming it ‘discriminatory’.
Dragged alongside the Attorney General, the plaintiff’s lawyers tell Court that the 1st Defendant [Attorney General] is the Principal Advisor of the government of the Republic of Uganda and is being sued in his representative capacity, adding the plaintiff’s advocates undertake to effect service of the Court process on the 1st Defendant.
“The 2nd Defendant has been the Chairman of NDA for 3 years from 27 January 2017 to 26th January 2020 and he’s being sued as the former Chairman NDA for commissions or omissions he has done during his tenure and after his tenure in office. The plaintiff’s advocates undertake to effect service of court process on the 2nd Defendant as former Chairman.”
Court has also been informed that the plaintiff is acting in her own rights as a citizen and a tax payer against Defendants jointly/severally for a matter of public interest under Articles 50(2), 17(1) 40(2) and 45 of the Constitution of the Republic of Uganda for declaratory orders:
- That the term of the 6th Authority of the Board of Directors of NDA expired on 26th January 2020, and not 26th February 2020.
- That the continued occupation of office to date by the 6th Authority of the Board of Directors for NDA is illegal.
- That the actions, undertakings and decisions in directing the affairs of the authority by the 6th Authority of the Board of Directors for NDA after the expiry are void ab inito.
- That the plaintiff do not relinquish and/or vacate her substantive position until the full determination of this suit.
- That the 2nd Defendant (Dr Medard Biteyerezo) is deceitful and dishonest
- That the contract of the Defendant ought not to be renewed because he’s not a fit and proper person to chair the 7th Authority.
- That during the tenure of office of the 2nd Defendant he has misused and/or caused wastage of public funds in the manner contrary to the laws and regulations of the Authority which culminates in affecting the citizens who are the tax payers.
- That the 2nd Defendant during his tenure as Chairman of the 6th Authority caused financial loss and abused his office by authorizing unwanted expenses directly or indirectly benefitting him resulting in affecting all the tax payers arising from Miscellaneous Cause No. 186 of 2017.
- That the 2nd Defendant is continuously in contempt of Court orders.
- That the refusal by the 6th Authority of the Board of Directors for the NDA to renew the contract of the plaintiff expiring on 28th February, 2020 is discriminatory based on her chronic illness.
- That the current contract of the plaintiff was interrupted by the illegal innovations of the Macro Organisation Structure and as such her contract should be renewed by the Authority for another term having been rendered redundant ever since it was put in place.
- That the 1st Defendant in the course of his duties failed to advise the Appointing Authority resulting in breach of his statutory duties.
- A permanent injunction issued against the Appointing Authority restraining it from the renewing or offering a new contract to the 2nd Defendant by reason of the fact that he’s deceitful, dishonest and not fit and proper person to chair the 7th Authority
- Cost of this suit
The plaintiff’s Lawyers also told Court that on September 5, 2017, the Authority Secretary sent Nakachwa an email – informing her to report to Director Product Assessment and Registration who was going to give her [Nakachwa] as spasmodic work on approval of the secretary. In her new assignment, she had no direct responsibility and authority.
More details of financial mismanagement Dr Medard Biteyerezo is accused of, in our next edition