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
DP troubles: Mao vs Lukwago
The Democratic Party (DP) has two presidents. One is Norbert Mao elected by the national delegates'' conference and the other Erias Lukwago....
Fears over Nepal
Nepal's proposed new constitution has sparked fury from women who say their citizenship, property and other rights are being curtailed....
Six people arrested on suspicion of having a hand in the murder of local Muslim clerics are released....
Corruption in Kenya
Corruption in Kenya is sliding out of control, veteran anti-corruption activist and whistle-blower John Githongo has warned in an interview following a scathing audit of government finances....
Thieves steal, then return, footballer
Thieves in Brazil stole a gold medal won by a member of the soccer mad country's woman's football team - then gave it back....
New gospel awards unveiled
Fresh faces seemed to highlight last night’s celebrations as a new gospel outfit was unveiled at the Serena Hotel in Kampala....
Should faith based organisations be registered as Non-government organisations?
Yes
No
Can't Say
follow us
subscribe to our news letter