Uganda Awaits Historic Court Ruling on Odoki Kenneth Kazibwe Justice Benjamin Odoki says he is still firm and solid The Constitutional Court is this week expected to give a ruling on the legality of President Museveni’s decision to reappoint Justice Benjamin Odoki after the Chief Justice clocked the mandatory constitutional retirement age of 70. The judgment will come at a time of heated public debate, with conservatives urging Odoki’s stay to exploit his potential and hardliners pushing for his exit. Chimpreports understands the Constitutional Court on Friday informed the Attorney General and the petitioner Gerald Karuhanga’s lawyer George William Kanyeihamba to appear in court on Monday for the judgment’s reading. “Take notice that the judgment of the above petition has been fixed for delivery on July 28, 2014 at 9:30 am in the morning or soon after. If no appearance is made on your behalf, the pleader or someone authorised by law to represent you, the judgment will be delivered in your absence,” reads part of the notice. However, because of Eid-el-Fitri celebrations taking place on Monday, the judgement could be read on Tuesday. Drama started unfolding late last year when President Museveni wrote to chairman of the Judicial Service Commission Justice James Ogoola, directing that Odoki’s term be extended for another two years to “maximise the services of our human resource.” Museveni further, in a letter dated August 9 2013 to Speaker Rebecca 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.” 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.” The letter touched off public uproar, with legal experts arguing Museveni was overstepping his mandate to appoint Odoki who had clocked the mandatory 70 years of retirement age. Western Youth MP Gerald Karuhanga petitioned the Constitutional Court seeking a pronouncement on the matter. According to the Ugandan Constitution, a new chief justice must be appointed by the President acting on the advice of the Judicial Service Commission and with the approval of parliament. In this case of Justice Odoki, the Judicial Service Commission is on record as stating his reappointment was unlawful. Museveni refused to endorse one of the names forwarded to him to appoint a Chief Justice before insisting that Odoki returns to office. Analysis It is important to note the legal gymnastics surrounding Odoki’s reappointment come against the backdrop of the judiciary’s decision to amend the Constitution to allow judges serve for more years. The Judiciary in July made a list of proposed amendments to the Constitution which will seek to raise the retirement age for Judges The new proposed amendments, which are to be incorporated in the Constitutional Amendment Bill, were submitted to the Minister of Justice and Constitutional Affairs, Maj. Gen Kahinda Otafire, on May 16, 2014 for Cabinet consideration. The Judiciary recommended that the retirement age of the Supreme Court, Court of Appeal and Constitutional Court Justices be raised from the current 70 to 75. The Judiciary also proposed that a High Court Judge retires at 70 years, contrary to the current retirement age of 65 in a bid to enhance delivery of justice. The Judiciary’s rationale is that the retirement of Judges at the current age limits leaves the country with a burden of recruiting and training new judges who hardly serve for 10 years before hitting the retirement age. Firm and solid Odoki was recently quoted by the media as saying he would not retire from service of the country because he is still “firm and solid”. “I spent a lot of my primary time developing that (1995) Constitution, which is governing the country and I want to assure Ugandans that I will respect it until I go to the grave,” said Justice Odoki.
Posted on: Mon, 28 Jul 2014 11:35:49 +0000