What appointment of Dollo, Buteera means for Judiciary

In the end, it was about two judges swapping positions. Being appointed Chief Justice by President Museveni on Thursday evening meant that Justice Owiny-Dollo will relinquish his seat at the Court of Appeal, which doubles as the Constitutional Court, to head the Supreme Court.

On the other hand, Justice Richard Buteera, who has been at the Supreme Court, will now take up Owiny-Dollo’s spot at the Court of Appeal, having been appointed as Deputy Chief Justice, a position that Owiny- Dollo has held since the fall of 2017.

Justice Owiny-Dollo becomes not only the first person to be elevated from the position of Deputy Chief Justice to heading the Judiciary, but also the first northerner to head this arm of government.

In fact, many believe, by appointing Owiny-Dollo, who represented Agago County in both the Constituent Assembly and the 6th Parliament, President Museveni could be trying to manage politics in the Acholi Sub-region.
That notwithstanding, Justice Owiny-Dollo is highly regarded both within the Judiciary and private legal practice.

‘The way he guides in court is incredible and his work rate has improved a lot ever since he got more responsibilities,” says Caleb Alaka, who was a defence lawyer in the case in which a Ugandan, Kenyans and a Tanzanian were found guilty of masterminding the July 11, 2010 Kampala twin bomb attacks.

The search process that has taken months, has seen Owiny-Dollo shrug off competition from Justice Buteera and Supreme Court Judge Esther Kisaakye Kitimbo, who on the account of being the most senior judge at the Supreme Court, has been heading it ever since former Chief Justice Bart Katureebe retired in June.

Owiny-Dollo, 64, and Buteera, 65, will now steer the Judiciary for the next few years but as they take on their roles, they are well aware that corruption has become another name for the Judiciary.

Issues haven’t been solved by a recent move by the US to impose financial sanctions and visa restrictions on High Court Judge Wilson Masalu Musene, who is based in Soroti and Justice Moses Mukiibi, who retired, accusing them of playing a key role in an international adoption scam involving more than 30 children.

The Judiciary hasn’t responded directly to the allegations by the US department but sources within the Judiciary say there is nothing much the honchos can do to Justice Musene, who is still serving, but will retire next year since the charges haven’t been addressed to the Ugandan authorities such as the Judicial Service Commission (JSC) or the Police.

During the two months in which Owiny-Dollo has been the acting Chief Justice, he has tried to crack the whip on real or perceived corrupt judicial officers.
In June, he took matters into his own hands when he ordered the interdiction of Deo Nzeyimana, who was serving as the Deputy Registrar of the now-disbanded High Court’s Execution and Bailiffs Division.

Justice Owiny-Dollo moved to act after Nzeyimana issued an ex parte garnishee order absolute in Miscellaneous Cause No. 1031 of 2020, arising out of Emma No. 1038 of 2019, Arising from ARB Cause No. 14 of 2019, Arising from CAD/ARB No. 23 of 2019 of Total Uganda Ltd Versus A.O. Basid Ltd he gave out when he issued an interim order of stay of execution in the same matter on October 28, 2019.

He also accused Nzeyimana of issuing an ex parte garnishee order absolute in Miscellaneous Cause No. 1031 of 2020, arising out of Emma No. 1038 of 2019, Arising from ARB Cause No. 14 of 2019, Arising from CAD/ARB No. 23 of 2019 of Total Uganda Ltd Versus A.O. Basid Ltd in defiance of the Chief Justice’s directives suspending execution proceedings in line with the national directives to curb the spread of Covid-19.

“Therefore, in accordance with Regulation 25(1) of the Judicial Service Commission Regulation, 2005, I am interdicting you and forwarding you to the Judicial Service Commission for disciplinary action,” the letter of interdiction read in part.

“You are directed to handover with immediate effect, any government property and court files to the Registrar of the High Court in accordance with Section f-d of the Public Service Standing Orders.”

The first victim of the Owiny-Dollo’s crackdown was Cissy Mudhasi, the Masaka High Court Deputy Chief Registrar, who was interdicted for issuing garnishee orders in a case involving Nets Hope Ltd, Amooti Boniface Kamanyire, and Absa Bank Uganda Ltd.

That said, Justice Owiny-Dollo’s tenure as Deputy Chief Justice came under criticism from the political Opposition when he joined three judges in rejecting petitions that challenged the lifting of presidential age limits; a judgment that critics insist dashed Uganda’s hope of witnessing a peaceful transfer of power.

He was also part of the panel that upheld section 24 of the Police Act as being constitutional.
The section permits police to arrest someone for preventive purposes and the Opposition has for long accused the police of invoking the law to stop them from organising their activities. But Justice Owiny-Dollo had different ideas.

“Since the arrested persons were charged in a court of law with treason and concealment of treason, which are offences under provisions of Penal Code Act, there is no justification for seeking the Constitutional Court’s intervention on the claim that the arrest, detention and charges of treason and concealment of treason were unconstitutional,” Justice Owiny- Dollo ruled.

“Both the Constitution and the Police Act, as is shown above, vest in the police the powers of arrest when, in the belief of the police officer involved in the situation, there is reasonable cause to do so,” he ruled.

Just before his appointment could be announced, Justice Owiny-Dollo, had led four other justices to rule that the government’s failure to provide basic maternal healthcare services violates the Constitution and subject’s women to inhumane and degrading treatment.
The other justices, who included Cheborion Barishaki, Fredrick Martin Egonda-Ntende, Kenneth Kukuru and Christopher Madrama, ordered the government to increase spending on maternal health and make sure staff are properly trained.

As he takes over the reins of the Judiciary, Owiny-Dollo will focus on the implementation of the Administration of the Judiciary Act, which was signed into law by President Museveni minutes before Chief Justice Katureebe could retire.

First deputy to be CJ
Justice Owiny-Dollo becomes not only the first person to be elevated from the position of Deputy Chief Justice to heading the Judiciary, but also the first northerner to head this arm of government.

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