Africa-Press – Uganda. Former Chief Justice Bart Magunda Katureebe has said that former Prime Minister Amama Mbabazi engineered the plan to re-appoint Benjamin Odoki as Chief Justice despite having clocked the retirement age.
In his book titled, ‘My Life: Turbulent Times and Service in Three Branches of Government,’ Justice Katureebe says while the search to replace Justice Odoki was ongoing, in one of the meetings of the Judicial Service Commission, then Attorney General Peter Nyombi said that President Museveni and Mr Mbabazi felt that Odoki should be re-appointed as Chief Justice.
“Almost in unison, the members asked ‘how’ and ‘why’. The Commission took the view that the position would be contrary to the Constitution and to precedent and, therefore, undermine good governance. It was decided that the Commission would go ahead with its programme and receive nominations from the stakeholders that had been requested to make nominations,” Justice Katureebe states in his book.
Adding: “Around that time, my old family friend, the Prime Minister Amama Mbabazi, paid me a couple of visits at my home at which he sought my personal views on the issue of the reappointment of the Chief Justice. I could not agree with his view that the Chief Justice required to vacate by the Constitution should now be kept on. I was of the view that this would be contrary to the spirit and letter of the constitution.”
Further in his book that was launched on Friday at Kampala Serena Hotel, Justice Katureebe said as the debate raged on, President Museveni invited him to State House on June 20, 2013, and told him of how he was the right choice for the Chief Justice but wanted Justice Odoki to hang on for two more years.
“He (President Museveni) told me that I should be the one appointed Chief Justice due to the record I had as Attorney General and my seniority at the Supreme Court. However, he had decided that Chief Justice Odoki should continue for another two years,” he stated.
He continued: “I listened to him attentively. I then responded to him that as far as I was concerned, I had no problem with his appointment of Chief Justice Odoki or anybody else as Chief. I told him that I was happy and contented to remain and serve as justice of the Supreme Court. He appeared relieved.”
“However, I thought I should use the occasion to let the President know my legal opinion on the whole thing. As Attorney General, I had got used to giving my candid opinions on a number of issues. ‘Your Excellency, but does the Constitution allow you to do what you are proposing to do?’. Straightaway, he replied that the Prime Minister had assured him that there was no problem.”
Justice Katureebe said the President went ahead and placed a phone call to Mr Mbabazi and told him that other lawyers had opposed the reappointment of Odoki as Chief Justice and that the same would offend the Constitution.
“He then returned to me and said he would make further consultations on the matter. I left. From that moment, the matter of being appointed Chief Justice got off my mind,” he asserts in the book.
Also in his book, Katureebe adds that the President went on to nominate and forward Odoki’s name to Parliament for approval as Chief Justice.
But the matter eventually ended up in the Constitutional Court for interpretation, lasting about two years.
This is the situation that saw Justice Steven Kavuma designated as an acting chief justice and deputy for two years.
After two years of arbitration, in a 4:1 majority judgment, the court held that it was unconstitutional for Mr Museveni to re-appoint Justice Odoki as Chief Justice upon his retirement aged 70.
What court said
“The framers of the 1995 Constitution made it clear that upon retirement, the Chief Justice is not eligible to be re-appointed to the same position,” said Justice Lillian Tibatemwa who wrote the lead judgment.
The other justices were Eldad Mwanguhya, Solomy Balungi Bossa and Remmy Kasule.
Justice Katureebe was eventually appointed Chief Justice in March 2015. He went on to serve at the helm of the Judiciary up to June 2020 upon clocking retirement age of 70.
Also in his book launched in the presence of several dignitaries, including Chief Justice Alfonse Owiny-Dollo, 3rd deputy Prime Minister Moses Ali and Mr Mbabazi, highlights his times in Cabinet, especially on his first appointment at the age of 37 as deputy minister for Regional Cooperation and also as MP for Bunyaruguru County during the days of the Constituent Assembly.
For More News And Analysis About Uganda Follow Africa-Press
