Ex-Chief Justice Odoki urges judicial officers challenged on guarding constitutionalism

KAMPALA - Former Chief Justice Benjamin Odoki has urged judicial officers to exercise a high degree of integrity to uphold the rule of law and constitutionalism as Uganda commemorates the 30th anniversary of the Constitution.

Odoki said while speaking about the state of constitutionalism at the Constitutional Square in Kampala on Tuesday, October 7, 2025, insisting that this is the only way Uganda can accept majority rule while preserving minority rights in society.

“Judicial officers must exercise a high level of integrity in the Judiciary to protect human rights and fight against corruption in the country,” he said.

You should guard against future destruction of the Constitution and constitutionalism and compel organs of government to abide by the rule of law to check future dictatorships, he added.

“The Constitution is necessary but not sufficient because it is not self-executed. You must not allow the best character in the Constitution to become amorphous because it is supposed to limit the Government and check its absolute powers,” Odoki reminded.

“A constitution is an instrument of governance but how you use the Constitution after amendments are done is not my business because I already put to you what we wanted in 1995,” he added.

Odoki’s call to action comes amidst growing concerns about the challenges facing the judicial system, including case backlogs, inadequate resources and threats to judicial independence.

Odoki, who chaired the Constitutional Review Commission in 1989 to draft the 1995 Constitution, revealed that public opinion, regardless of how critical or weighty it may be, can never override or supersede the Constitution.

“Baseless allegations of corruption can erode public confidence in the Judiciary and actual corruption can compromise the integrity of judicial decisions,” he advised.

The former Chief Justice Benjamin Odoki planting a tree at Constitutional Square in Kampala at the commemoration of 30 years of constitutionalism on Tuesday (Credit: Isaac Nuwagaba)

However, Odoki cautioned that threats and intimidation of judges can undermine the independence of the Judiciary, compromising the rule of law and the ability of judges to make impartial decisions.

Center for Constitutional Governance (CCG) executive director Dr Sarah Bireete said integrity is the bedrock of the Judiciary and that judges must conduct themselves in a manner that upholds the highest standards of ethics and professionalism.

“Judges must remain impartial and avoid any appearance of bias or prejudice in their decision-making, and judicial decisions should be transparent, with clear explanations provided for rulings to ensure accountability,” Bireete said.

She suggested that judges should be held accountable for their actions, with mechanisms in place to address any wrongdoing or misconduct.

The call for integrity in the Judiciary is a call to action for all stakeholders, including judges, lawyers, and the public, Bireete emphasised.

Future constitutional changes need a referendum

Former West Budama North County Member of Parliament Tezira Jamwa suggested that future constitutional changes should call for public participation through referendum.

“The missing link was in the Constitutional Assembly (CA) in 1994 when it failed to entrench age limit and term limit articles, which allowed the parliament to change the constitution without the referendu,m which requires citizen participation,” she highlighted.

The CA, which consisted of representatives elected by the people under the chairmanship of James Wapakhabulo on September 22, 1995, promulgated the constitution, replacing the 1967 under former President Apollo Milton Obote I government.