Owiny-Dollo warns lawyers over age limit 'idle' talk

The Deputy Chief Justice, Alfonse Owiny-Dollo, has cautioned lawyers to desist from "petty and malicious" claims that the justices took sides in presidential age limit case.

"There are arguments among the public in town including members of the legal fraternity saying judges took sides in passing the age limit judgement without interpreting issues," Owiny-Dollo observed.

"Lawyers should stop saying that judges took sides in the age limit case even before reading or interpreting the judgement," he said.

Owiny-Dollo sounded the warning on Thursday at the High Court in Kampala during a court session in which a panel of four justices led by Henrietta Walayo were testing Makerere University law students' mooting skills.

He pointed out that the twelve justices of the Constitutional and Supreme courts made independent judgments and that is why there was a coram.

Owiny-Dollo said the coram of five justices of the Constitutional Court, sat in Mbale and the majority agreed that Parliament had the right to amend the Constitution which, among other measures, aimed to eliminate the requirement that candidates vying for the presidency be under 75 years of age.

Apart from Owiny-Dollo, other justices on the coram included Cheborion Barishaki, Elizabeth Musoke, Remmy Kasule, and Kenneth Kakuru.

Maintaining the Constitutional Court ruling, the Supreme Court ruled that the presidential age limit stands scrapped from the Constitution and the term of Members of Parliament (MPs) and all other elected political leaders remain at five years.

Makerere University law student Kagina Daniella Mushikazi (left) shows the certificate she received from Justice Owiny-Dollo. Centre is associated professor of law at Makerere University, Dr Christopher Mbazira. Photo by Ronnie Kijjambu

The coram of seven justices of the Supreme Court led by Chief Justice Bart Katureebe dismissed the petition by a 4-3 majority. Other justices are Lillian Tibatemwa Ekirikubinza, Eldard Mwangushya, Stella Arach-Amoko, Rubby Opio-Aweri, Paul Mugamba and Jotham Tumwesigye.

Owiny-Dollo also criticised lawyers, who attack judicial officers before judgement is read-out to them.

"I have never seen such a thing for the past 20 years I have practised law in Uganda," he said, adding that those are the lawyers who want to destroy judiciary over petty things.

"How can we contribute towards having a robust and more effective judiciary?" Owiny-Dollo asked, advising lawyers to read judgments and that if they are not satisfied, they can always appeal. 

He appealed to the law students to embrace ethical legal practice, in addition to practical skills.

"It is not about being the richest lawyer, the most famous in commercial or criminal law, but how much you have contributed to the community in order to promote the rule of law," he said.

Owiny-Dollo said judges should commit to skilling lawyers for the benefit of not only the community but also be well trained in delivering justice.

Justice Lydia Mugambe tipped the law students on how to become good lawyers, saying they should master facts in law, do not mix articles of the Constitution, avoid redundancy, and know the meaning of the words they are using.

She advised the students to use their time in presenting their arguments competently and effectively and develop the ability to summarise their submissions.

Dr Christopher Mbazira revealed that the Makerere School of Law where he lectures has developed clinical methods that involve experimental learning and has built partnerships with the judiciary to enhance their students' expertise.   

The judges were impressed by the advocacy, demeanour and confidence the students demonstrated when arguing out cases before them.

"You were organised and demonstrated knowledge in command of the law," Justice Jane Frances Abodo said.