How to honour Jacob Oulanyah and respect the Constitution

The rush to elect a new Speaker of Parliament before the remains of the Rt Hon Jacob Oulanyah, the Speaker of the 11th Parliament of Uganda, return home is a very unfortunate and undignified spectacle.

The rush to elect a new Speaker under these circumstances violates deeply established African traditions of honoring the dead. It also speaks poorly of our political culture and collective judgment as a nation.  Contrary to what may be said in public, the Uganda Constitution does not require that the election of the new Speaker be held immediately.

Article 82 clause (4) of the Constitution governing the election of a new Speaker simply requires that the normal business of Parliament must be paused until a new Speaker is elected. It does not state when or how soon the election of the new Speaker must be held. The timing of the election of the new Speaker is entirely at the discretion of Parliament as a ministerial matter, subject to all relevant considerations.

Here is the relevant provision of the Constitution: “Subject to clause (4) of article 81 of this Constitution [about taking the Parliamentary oath of office], no business shall be transacted in Parliament other than an election to the office of Speaker at any time that office is vacant” (Article 82, clause (4) of the Constitution).

In this particular case, the election was rushed, I believe, in order to allow the late speaker to be honoured by Parliament before his burial. No other Parliamentary business would presumably be so urgent as to warrant the ghastly breach of protocols that we are witnessing.  The need to honor the late speaker by holding a special session of Parliament before he is laid to rest is a powerful argument. It is also noble in its aspiration. However, it requires that the country must first go through a very undignified process since a special session of Parliament cannot constitutionally be held without a substantive Speaker of Parliament, hence the rush to elect a new  Speaker of Parliament.

The question is: Was it possible to observe the Constitution and also allow Parliament to honor Oulanyah? Can we square the circle? The answer is fortunately yes. There was a proper way for Parliament to honor the late Speaker without committing the undignified spectacle of rushing through a new election before the remains of the late Speaker has even returned home. First, the election of the new Speaker of Parliament should have been postponed.

Second, return the late Speaker home and lay him in state in Parliament to allow the public and Members of Parliament to walk by and pay their last respects. Such a dignified process is done regularly in the United States where the casket of a national leader lays in state at the Capitol Rotunda for the public to walk by and pay their last respects. No speeches are given at the Capitol Rotunda. Only the flags and the honor guards are on display as a solemn line of mourners stream in and out of the Capitol Rotunda. It’s a solemn and dignified process befitting a great nation. A similar tribute can be accorded the late Speaker by Parliament by laying him in state in Parliament but without the usual ceremonies. Nothing in the Constitution prohibits Parliament from holding a prayer ceremony replete with hymns, for example. A solemn and yet a dignified occasion.

Third, as already proposed by the government, give the late Speaker a send-off at Kololo Ceremonial Grounds in a manner befitting a respected national figure. The program already proposed by the government is appropriate and dignified. After Kololo, give the late Speaker a traditional send-off in Omoro, in his ancestral home, before laying him to rest as an honored son of the soil.

Fourth, after the farewell ceremonies and the celebration of the life of the late Speaker, hold the election for the new Speaker of Parliament as prescribed by law. The minor delay would confer great dignity to the election proceedings and would also do great honor to the new Speaker of Parliament.

Fifth, dedicate the first session of Parliament under the new Speaker to honor the life and the legacy of the Rt. Hon. Jacob Oulanyah as the Speaker of the 11th Parliament of Uganda. The proposed special proceedings of Parliament should be broadcast to the country and streamed live. In addition, a special commemorative issue of the Hansards should be published as a fitting tribute to the Rt. Hon. Jacob Oulanyah. This, I believe, is how a great country pays tribute to its fallen national leaders. It is therefore possible, and perhaps even necessary, to observe article 82 clause (4) of the Constitution and also honor the memory and the legacy of the Rt. Hon. Jacob Oulanyah without creating the undignified spectacle of holding election for a new Speaker of Parliament while the earthly remains of the late Speaker of Parliament still sits on foreign soils.  By properly honoring our fallen national leaders we honor ourselves as a country and we teach the next generation of leaders how to conduct the affairs of state with dignity and honor and without partisan rancor.

Ochoro E. Otunnu, Lawyer living in New York.