CCG PETITION AGAINST THE RE-APPOINTMENT OF JUSTICE BENJAMIN ODOKI AS CJ OF UGANDA

                                                                     

16^th August 2013

The Speaker of Parliament

Parliament of the Republic of Uganda

Kampala

Rt. Hon Speaker of Parliament,

PETITION ABOUT THE RE-APPOINTMENT OF HON JUSTICE BENJAMIN ODOKI AS THE CHIEF JUSTICE OF UGANDA

Reference is made to the President’s letter addressed to you, dated 9^th August 2013, re- appointing Hon Justice Benjamin Odoki as the Chief Justice of Uganda for the next 2 years.

This letter quotes the powers vested in the President in accordance with Articles 142 (1), 143 and 253 of the Constitution.

I would like to draw your attention to the following anomalies:

1. Article 142 (1) only gives powers to the President to appoint a Chief Justice based on the advice of the Judicial Service Commission. In this particular incidence, there was no advice from the Judicial Service Commission for the re-appointment of Hon Justice Benjamin Odoki. The Judicial Service Commission only recommended Justices Bart Katureebe, Yorokamu Bawmine and Peter Kabatsi to the President for possible appointment to the post of the Chief Justice of Uganda.
2. Article 253 (1) of the Constitution states that “where any person has vacated office established by this Constitution, that person may, if qualified, again be appointed or elected to hold that office…..”

Madam Speaker, OUR emphasis on this article is the phrasing “IF QUALIFIED” and we would like to draw your attention to Article 144 of the Constitution which specifies out the tenure of office of judicial officers; specifically 144 (1) (a) which limits the age of the Chief Justice to 70 years and below. Hon Justice Benjamin Odoki is above 70 years of age and is not qualified to hold the office of the Chief Justice of Uganda.

3. Under Article 79 of the Constitution, Parliament is charged with the duty of protecting the Constitution and promoting democratic good governance in Uganda. Also Article 1 of the Constitution vests all power to people and this power can only be exercised by the people through their elected representatives, which is the Members of Parliament, in our case.

Madam Speaker, the people of Uganda are looking up to you to uphold and protect the Constitution of the Republic of Uganda as well as promote constitutionalism and good governance.

I wish, therefore, to call upon you and the Members of the Appointments Committee of Parliament, to defer the approval of Hon Justice Benjamin Odoki because it violates the 1995 Constitution of the Republic of Uganda, as amended.

Yours Sincerely,

Okwiri Rabwoni

EXECUTIVE DIRECTOR

cc: All Members of the Appointments Committee of Parliament