A friendly tough chief judge

Dec 07, 2000

LAST week, Uganda's parliament approved the appointment of Benjamin Odoki. He is Uganda's new Chief Justice.. Anthony Mugeere writes more about this man.

I trust that he will make the judiciary more friendly and accessible to mariginalised groups LAST week, Uganda's parliament approved the appointment of Benjamin Odoki. He is Uganda's new Chief Justice.. Anthony Mugeere writes more about this man. To some of his learned friends, he is one of those aristocratic judges in the country's judicial system. Among his associates and old students, he is that affable judge who has always given a human face to the judicial system. "He is a very pleasant person to work with," a long time friend says. " He is friendly and quite able to adjust to any situation." Benjamin Odoki, 57, has now reached the highest level of his professional career. When he receives the instruments of power of Chief Justice from the retired Samuel Wako Wambuzi, there will be no doubt that the man who rose to fame during his reign as chairman of the Uganda Constitutional Commission is now occupying one of the most respected offices in Uganda. Odoki took leave of absence from the Supreme Court to chair the commission that reviewed the 1967 Constitution and collected people's views on a new one between 1989 and 1993. His commission's draft constitution formed the basis on which the constitution promulgated and enacted the 1995 Constitution. Those who traversed the then 32 districts to seek people's views on the future of this country with him say that he showed one noticeable weakness- he was too moderate. He wasn't Supreme Court judge who could use legal jargon you've possibly never heard of in case of a stalemate. He always remained cool-headed even when put to the greatest test by fellow commissioners. "I do not think we could have got a better chairman," says Medi Kaggwa, MP Kawempe South and former commissioner. "He is such a soft-spoken man that you could not tell whether or not he was following the argument when things were getting hot," Rev. Fr. John Mary Waliggo, another former commissioner was thrilled by Odoki's humility. "His high sense of humour enabled him to diffuse tensions during discussions. It sustained the Commission and enabled it to overcome any serious divisive tendencies," he said. Waliggo, who is now a Human Rights Commissioner says Odoki's appointment to the post of Chief Justice will remove the 'traditional distance' between judges and the rest of society. "To me, he is the model judge who does not instill fear among us the non-learned friends. I trust that he will make the judiciary more friendly and accessible to the vulnerable and marginalised groups," he added Odoki was born on March 23, 1943 in Dakha village, Buhehe sub-county, Busia District. He is the man who left Dar-es-Salaam University College with a Bachelor of Laws degree and joined the Department of Public Prosecutions (DPP) as State Attorney in 1969. It was the beginning of a career that had seen him through Buhehe, Tororo and Entebbe primary schools and Busia Junior Secondary School. He joined Kings College, Budo for his School Certificate and Advanced Certificate of Education in 1960. Those who knew Odoki during his days at Budo say he looked every inch the respected lawyer he was going to be in future. "He was very bright and quiet," recalls Mzee Ernest Ssempebwa, a former deputy headmaster of the school. "I am not surprised that he is now a Chief Justice. He was among the best students in his senior six class." In 1972, he joined the Law Development Centre as a senior lecturer in law. He later rose through the ranks to become its Director before becoming a High Court Judge in 1978. He served as Director of Public Prosecutions (DPP), Justice of the Supreme Court and acting Deputy Chief Justice Supreme Court of Uganda. "He has also published a number of books and articles and delivered papers at seminars and conferences on various topics," remarked a High Court Judge. The list of published books authoured by Odoki includes A Guide to the Legal Profession in Uganda, Sentencing in Uganda, Buganda and Other Kingdom Agreements and An Introduction to Judicial Conduct and Practice. If I had had the opportunity to talk to Odoki, I would have asked him if he was a member of the music and drama groups at Budo. The two activities are part of the new chief Justice's hobbies in addition to painting and drawing. "He also loves gardening and farming. He plays in-door games and watches out-door games too," confided one of his associates. Odoki is also one of the few old students of Kings College, Budo who have received the Order of Merit (OM) to his growing list of honours from the Uganda Law Society for his distinguished service to the legal profession. Odoki lost his wife to cancer in 1993 and is still a widower. Friends however say he is very inspired by his four children. Odoki is a member of the Makerere University Council, the Hague permanent court arbitration and chair the editorial board of the Uganda law reports. He is also national president of the World Jurists Association, president of the African Society of International and comparative Law (Uganda branch) and Honourary member of the Uganda Association of Women Judges Odoki has finally got to the heart of the judiciary after serving as a constitutional expert for the Kenyan and Swazi governments. High Court and Supreme judges should also brace themselves to work under the man who is against the practice of wearing wigs and robes by judges. Odoki caused quite a stir in January 1997 when he, while closing a Judges Conference at Crested Crane Hotel in Jinja, said the judges should stop wearing the big wigs because they looked like monsters. With or without wigs, Odoki remains the model judge who is expected to bridge the gap between the common people and the judiciary. Ends

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