By Steven Enatu
SOROTI
A group of councilors are nearing completion of a process of moving a vote of no confidence against Simon Peter Edoru, the Local Council Five Chairperson Soroti district over alleged incompetence and abuse of office.
Led by Hon. John Odongo the district councilor representing older persons in Soroti district, the councilors delivered their petition on Tuesday, 12th March, 2024 focusing their concern on how the district chairperson is running the district in violation of the legal procedures.
Section 14 of the Local Government Act 1997, permits the councillors to impeach the LCV Chairperson on grounds of abuse of office, corruption, incompetence, misconduct, failure to implement council decisions and mental incapacity.
The above legal frame is the process for removing a chairperson from a council. The law under section 14 of the local government act clause 2 says if the removal is not due to a breach of conduct, a notice in writing signed by at least one-third of all council members must be submitted to the speaker.
The notice must state that they intend to pass a resolution to remove the chairperson and provide details of the charge supported by necessary documents.
This is nearly done by the councilors with so far 14 councilors’ signatures on the petition.
Soroti district has a total of 28 councilors with the exception of the speaker who is supposed to be impartial, the councilors are 27 and this means the petition requires additional 3 councilors to sign for it to have a legal stand.
In the same law, clause 3 stipulates that upon receipt of a notice, the speaker must transmit a copy to the chairperson and Chief Justice within 24 hours.
The Chief Justice then has seven days to constitute a tribunal of three High Court judges to investigate the allegations and report their findings to the council.
The chairperson is entitled to appear at the proceedings and be represented by a lawyer or expert of their choice.
If the tribunal finds a prima facie case for removal, and if the council passes a resolution with at least two-thirds of all members in support, then the chairperson must cease to hold office.
Reasons for removal of chairperson Soroti district.
Abuse of office, on the 30th May 2023 council sat and approved the appointment of Hon. Michael Olugu as the secretary Social services but the district chairperson, Edoru abused his office by appointing himself secretary of social services and transferred Olugu to the secretary works without the approval of council contrary to article 186 (2) c (4) of the constitution of Uganda as amended and section 16 (2) a,b,c rule 88 , S/Rule (2) of the standard rules of procedures of local councils in Uganda.
Second, the Councilors accuse the chairperson of failing without justifiable reason to implement council lawful resolutions causing a financial loss to the local government.
Contrary to Section13(C),(4),Section14(1)a,b,c,d,f of the local Government Act, CAP 243 – as amended 2020, Rule 99(1) a, b, c, d, f of the Standard Rules of procedure.
Council approved and adopted Committees of Finance and Works recommendations as a resolution of Council that TimeTrader Transporters Ltd Contractor for Adamasiko Piped Water Supply and Sanitation scheme be paid Ugx 146, l00, 876 million as demanded through their Lawyer Engulu & Company Advocates for the works done.
The Chairperson defied and refused to implement Council Lawful Resolutions on three occasions claiming it was no case. On 16th January 2024, the High Court of Soroti issued a warrant of attachment and sale of district assets or property for payment of the sum of Ugx 177,466,274 plus fees of attachment and sale, and yet the district has over 45 court cases ongoing and poorly managed.
Third ground is misconduct and incompetence. They claim that he abandoned his allocated vehicle and took a double-cabin vehicle belonging to the Education Department, which has paralyzed the department’s operations.
The Education Department lacks transport for routine inspections, and a report recommended that the office of the CAO should provide a running vehicle.
Fourth, the councilors allege that the Chairperson failed to follow up on the issue of the Solicitor General, which led to a petition challenging the elections of Standing Committees of Council. The CAO halted all committees and council sessions until legal guidance was given by the Solicitor General.
The fifth ground is Corruption, in their petition, they allege that the Chairperson also failed to address and report to council a matter of national importance involving eviction and compensation of six members of Aboket-Kamuda Community.
They claim that he allowed their eviction without seeking guidance and approval from council, which later resulted in the sale of community land to an investor.
Funds for rehabilitation of Abua and Agaja village community borehole were misappropriated, as well as funds for rehabilitation of Oluke Borehole in the financial year 2020/2021.
The Chairperson has also abused his powers by taking lead in interdicting substantively appointed technical staff and assigning duties to junior officers who don’t qualify for senior positions. This has affected the management of contracts/awards in the district.
The Chairperson is accused of mismanaging contract awards and taking the lead in awarding contracts to his selected members, including his own firm known for doing shoddy work. The Chairperson has also failed to address issues of shoddy work in capital projects and has launched projects without involving key stakeholders such as area Councilors.
When contacted for a comment, Edoru without further divulging into the matter simply acknowledged receipt of the petition and said he awaits what happens next.
“I received the copy and I don’t want to talk much, all I can say is that I wish them well” he said briefly in a phone interview.
