Choudry wins sacking report case
Justice Choudry (R) at the Court of Appeal yesterday. Photo by Faiswal Kasirye
What you need to know:
The Court of Appeal ruled that the Judicial Service Commission failed to give Justice Choudry a fair hearing.
KAMPALA- Justice Anup Singh Choudry has won an appeal against a Judicial Service Commission (JSC) report which recommended his dismissal from the bench on grounds that he was not eligible to be a High Court judge.
Justice Choudry appealed against the report which the JSC sent to President Museveni to guide him into dismissing the judge.
In a unanimous decision, three Court of Appeal judges said the JSC failed to accord Justice Choudry a fair hearing.
The judges were Justices Remmy Kasule, Solomy Bbosa Balungi and Richard Buteera. The court ordered the government to pay Justice Choudry costs of the suit.
“…the JSC erred when it considered the complaint against the appellant (Justice Choudry) without observing his right to appear and present his case at the meeting of the Commission. The JSC also erred when it failed to communicate the decision it reached to the appellant,” the judges ruled.
They also faulted lawyer Prof Fredrick Ssempebwa for bias.
They said Prof Ssempebwa was both an “accuser” through the Uganda Law Society and a “judge” through JSC since he was part of the panel that heard and determined the complaint against him and yet Justice Choudry had complained about his being on the panel.
Justice Choudry, who is currently not deployed to any division of the High Court following a lawyers’ boycott to handle any case presided over by him, criticised the JSC.
