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
Ntagali slams US over same-sex marriage
Archbishop Stanley Ntagali has spoken out on the recent decisions to change the definition of marriage by the United States’ Supreme Court....
Rwanda, Tanzania, Kenya imported cheaper set-top boxes
Officials from the communications regulatory authorities in Tanzania, Kenya and Rwanda have said they had made policies that allowed the importation of cheap set-top boxes to enable ordinary TV viewers receive digital TV signals....
In pictures: Nnabagereka hosts Mrs. Blair
They were received by the Katikkiro, Charles Peter Mayiga at Bulange, Mengo on Monday....
Suspected Shebab militants killed at least 14 people in northern Kenya on Tuesday, officials said, the latest in a wave of attacks in the east African nation by the Somali-led Islamists....
DP meeting: Members walk out on Mao
Mao met the hostility especially when he likened the meeting to a gathering at a local music concert (enkuuka) for failing to endorse substantive resolutions for the party....
How graves contaminate ground water
From which source is your drinking water? Well, if you live off urban zones, chances are high you drink from under-earth....
Do you think Ugandan graduates are the worst in the region?
Yes
No
Can't Say
follow us
subscribe to our news letter