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
Vivo Energy trains motorcyclists on road safety
Vivo Energy has conducted the 6th road safety training for commercial motorcyclists, locally known as boda bodas....
Uganda’s foreign affairs minister Sam Kutesa assumes office today as president of the 69th UN General Assembly. He was unanimously elected president of the General Assembly on June 11, taking over from John Ashe....
Cabinet directs finance ministry on second NDP
The Cabinet has directed the ministry of finance to fund the second National Development Plan (NDPII) that runs up to 2020....
President Museveni celebrates 70th birthday
President Yoweri Museveni has celebrated his 70th birthday, exalting family life and urging young people, his children and grandchildren not to squander theirs....
Signs of N. Korea developing missile submarine
North Korea appears to be developing a new weapons system capable of launching submarine-based ballistic missiles, the South's defence ministry said Monday....
Mountain running: Uganda wins four gold in Italy
Ugandan mountain runners win a total of four gold medals at the World Mountain Running Championships in Italy, repelling strong competition from the Eritreans on Sunday....
Will early retirement solve Uganda’s unemployment problem?
Yes
No
Can't Say
follow us
subscribe to our news letter