President Yoweri Museveni’s decision to re-appoint Justice Benjamin Odoki at the helm of the judiciary was yesterday quashed by the Constitutional Court.
Four judges including Lilian Tibatemwashave this Monday ruled that the 1995 Constitution of the Republic of Uganda does not provide for the re-appointment of a Chief Justice who has clocked retirement age.
Odoki clocked retirement age about two years ago and dully retired from service setting the stage for the appointment of another chief justice. However President Museveni turned down all the three nominees from the Judicial Service Commission including Justice Bert Katureebe.
Lilian Tebatemwa, the first judge to deliver her ruling concurred with the petitioners that Odoki’s re-appointment was illegal because he had hit retirement age.
According to Justice Tibatemwa, the re-appointment would violate the constitution that set 70 years as the retirement age for the Chief Justice. However Justice Aweri disagreed, saying President M7 was right to reappoint Odoki as CJ.
