Court stops bid to block Wengi petition

Mar 03, 2010

THE Constitutional Court last week overruled the Attorney General’s proposal to block a petition filed by Justice Richard Oscar Okumu-Wengi.

By Hillary Nsambu

THE Constitutional Court last week overruled the Attorney General’s proposal to block a petition filed by Justice Richard Oscar Okumu-Wengi.

Wengi dragged the Government to court over his forced retirement for alleged misconduct, impropriety and bias.

The court last week rejected the Attorney General’s preliminary objection to Wengi’s constitutional petition and ruled that the judge had genuine issues that needed constitutional interpretation.

The ruling that was read by the assistant registrar, Deo Nizeimana, meant that the court would hear Wengi’s petition and would, therefore, fix a date to hear the case.

“We are satisfied that the petition conforms to the law and raises a matter of constitutional interpretation in as far as it challenges the constitutionality of section 24 of the Judicial Service Act. As the preliminary objection by the Attorney General to dismiss the petition is overruled, the court will proceed to hear the petitioner’s case,” the court ruled.

Justice Alice Mpagi-Bahigeine headed the panel. The other members were justices Stephen Engwau, Constance Byamugisha, Steven Kavuma and Augustine Nshimye.

Wengi, who was represented by Peter Walubiri and James Akampumuza, asked the court to declare that the Judicial Service Commission acted unconstitutionally in relieving him of his duties without giving him a chance to defend himself.

He asked the court to order that he continues working as a High Court judge and enjoy his tenure and benefits.

Wengi further sought an order prohibiting the Government from treating him unfairly and denying him the right to a fair hearing.

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