Constitution 'allows' for Odoki reappointment - AG

By Anne Mugisa

The Attorney General, Peter Nyombi, has said the Constitution provides for the re-appointment of a judge who has retired on account of age.

Nyombi was reacting to reports that President Yoweri Museveni has decided to re-appoint Justice Benjamin Odoki (right) as Chief Justice for two more years, following his retirement early this year.

The AG, however, said he is not aware that the President has signed the instrument reappointing Odoki.

“I am aware there were discussions regarding that name, but I am not aware that an instrument has been signed,” the AG said.

Nyombi, however, said there are constitutional provisions, which allow the appointing authority to appoint people aged 70 years and above.

Article 142 (2) states, in part, that “the President may, acting on the advice of the Judicial Service Commission, appoint a person qualified for appointment as a Justice of the Supreme Court or a Justice of Appeal or a Judge of the High Court to act as such a justice or judge even though that person has attained the age prescribed for retirement in respect of that office.”

Odoki said he has not heard about his re-appointment. He declined to say whether he would accept if he was re-appointed.

“I have not been told. Why should I comment? If such a time comes and it requires me to respond, I will. But as you know, the Chief Justice is not a member of the Judicial Service Commission. What they do is confidential,” he said.

Odoki also said he had, since his retirement, been serving with the Swazi Supreme Court on a part-time basis.

“I was appointed and I accepted after retirement. It is a part-time job you do once a year. It is a small court,” he said, adding that it is not the first time he has helped Swaziland.

He said he had also helped write the Swaziland constitution and that he belongs to many organisations and has had many international engagements.

Justice Odoki retired in March after clocking the retirement age of 70 years.

He, however, left office in June after serving the three months’ extension retired judges are given to complete pending work.

Local media reported yesterday that President Museveni had written to the Judicial Service Commission, acknowledging receipt of their recommendation for Justice Bert Katureebe to be appointed Chief Justice.

He also acknowledged the commission’s communication which proposed that Odoki and other retiring justices of the Supreme Court be requested to stay on as acting justices for two years.