The Chief Justice of Uganda Hon. Justice Alfonse Chigamoy Owiny – Dollo has reminded all judicial officers in Uganda to use their powers correctly and within the boundaries of the law.
He also reminded them that it’s their constitutional obligation to ensure that all justice seekers in Uganda attain it whatsoever and they are constitutionally accountable to deliver judgements that are transparent.
Justice Dollo who was delivering his speech during the Benedicto Kiwanuka Memorial Lecture on Thursday at the High Court, Kampala, said as the Judiciary continues to draw inspiration and motivation from the works and service of the late Chief Justice Benedicto Kiwanuka, he reminded all judicial officers of their constitutional obligation, and accountability, to all justice seekers in Uganda in their actions and decisions.
He added that delivering judgements correctly is an accountability that has been expressed to mean the acceptance of responsibility for one’s own actions, including a willingness to be transparent and allowing others to observe and evaluate one’s performance.
“Judicial Officers are not only individually accountable internally to the Judiciary Service but also externally accountable to the public we serve. Article 126(1) of the Constitution of Uganda succinctly provides that “Judicial power is derived from the people and shall be exercised by the courts established under this Constitution in the name of the people and in conformity with the law and with the values, norms and aspirations of the people,” he said.
He affirmed that judicial accountability requires that judicial actions, inactions and decisions be made in the interest of the people Judicial officers serve. And it also requires that their decisions and undertakings be satisfactorily explained to the people.
“Finally, Judicial Accountability is a call to us to use Judicial power correctly and within the boundaries of the law. Every Judicial Officer is duty-bound, not only to issue correct decisions but also to explain in clear terms the reasons for one’s decision and ensure that the same are transparently enforced in accordance with the law,” Justice Dollo said.
He however also warned other state organs that Judicial accountability must be considered with strict adherence to the independence of the Judiciary, which calls for respect for judicial decisions and support for judicial operations by all Arms and Agencies of the State.
“It is our responsibility in this country to protect and defend the rule of law. I have seen agencies of the state committing sacrilege in interpreting court decisions. This is wrong and contrary to the rule of law,” he said.
Likewise, Retired Justice Jotham Tumwesigye who was the Keynote speaker cautioned the Judicial Officers that the rule of law doesn’t discriminate between the rich and the poor. And the absence of the rule of law can lead to chaos and the marginalized are the ones to suffer the most.
“The people of Uganda must ensure that what happened to the late Chief Justice does not happen again. The Judiciary should deal with inequalities within the Judicial system. It should focus on curing the underlying causes of injustice,” he said.
Meanwhile, 21st September was the 6th commemoration and honouring of the memory of Chief Justice Benedicto Kagimu Mugumba Kiwanuka who tragically disappeared 51 years ago during the reign of Gen Idi Amin Dada. He was martyred for defending the rule of law and fundamental freedoms of the people of and in Uganda.
Chief Justice Benedicto Kiwanuka, the first Ugandan national to hold that high office, was last seen alive exactly 51 years ago. The cause of his demise was his issuance of a writ of habeas corpus, directing the Military Authorities to produce a British citizen in Court as was provided for in the law.
He was flagrantly and violently abducted from his Chambers soon afterwards. He has never been seen since that date. Chief Justice Benedicto Kiwanuka was martyred for defending the rule of law and fundamental freedoms of the people of and in Uganda.
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