today's Pick
Court: Odoki reappointment unconstitutional
Publish Date: Aug 04, 2014
Court: Odoki reappointment unconstitutional
The lead council and former judge Justice George Kanyeihamba togethre with other lawyers including Jude Mbabali listening attentively during the ruling. The Constitutional court ruled in their favour but declined to grant them costs.PHOTO/Abu Mwesigwa
  • mail
  • img
newvision

By Vision Reporter

The Constitutional Court has ruled that the re-appointment of Benjamin Odoki as Chief Justice is unconstitutional.

Justices Solomy Balungi Bossa,  Remmy Kasule  Lilian Tibatemwa and Eldad Mwanguhya ruled that the 1995 constitution does not provide for such reappointment.

Since his re-appointment in August last year there has been a protracted legal battle among the legal fraternity over its consitutionality.

President Museveni, in a letter dated August 9, 2013 to Speaker Rebeccah Kadaga, stated that, “… In exercise of powers vested in the President by Articles 142(1), 143 and 253 of the Constitution of the Republic of Uganda, I have appointed Benjamin Odoki as Chief Justice on a two year contract. This is therefore to forward his name to you for parliamentary approval. 

Following his reapppointment, Attorney General Peter Nyombi said there were constitutional provisions which allowed the appointing authority to appoint people aged 70 years and above.

Interestingly in his argument Nyombi then, contrary to the Monday morning ruling, argued that:

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.”

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

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

Also related to this story

Museveni re-appoints Benjamin Odoki CJ

Constitution 'allows' for Odoki reappointment - AG

 

 

The statements, comments, or opinions expressed through the use of New Vision Online are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views held by the staff and management of New Vision Online.

New Vision Online reserves the right to moderate, publish or delete a post without warning or consultation with the author.Find out why we moderate comments. For any questions please contact digital@newvision.co.ug

  • mail
  • img
blog comments powered by Disqus
Also In This Section
Constitutional Court rules on terror suspects’ trial
The Constitutional Court has ruled that the July 2010 Kampala twin bombing suspects are detained in Uganda legally and must stand trial in the High Court....
No fresh cases of Ebola-like Marburg virus - health
Ugandan health officials said Tuesday that all suspected cases of the Ebola-like Marburg virus had tested negative and those held in isolation released....
‘I watched a crocodile eat my body parts’
IT took Godfrey Mugobi six months of treatment at Jinja Hospital and his wife could not tolerate it and she deserted him...
Museveni meets Commonwealth Secretary General
PRESIDENT Museveni and Kamalesh Sharma discussed issues pertaining to the 24th Commonwealth Heads of State and Government meeting...
ICC warns Kenya on media leaks in Kenyatta case
THE International Criminal Court on Tuesday formally warned Kenya for leaking confidential information to the media in President Uhuru Kenyatta''s case...
Bitter lessons from old Ebola frontline in Uganda
ACROSS the continent in Uganda, villagers who survived an outbreak two years ago describe how after the loss, the rebuilding of communities is tough and painful...
Was Oscar Pistorius' 5 year sentence fair and just?
Yes
No
Can't Say
follow us
subscribe to our news letter