City lawyer Hassan Male Mabirizi on Tuesday petitioned the East African Court of Justice challenging the appointment of Aliphonse Owiny Dollo as the Chief Justice of Uganda and Justice Richard Buteera as his Deputy.
These two were appointed by President Museveni and later approved by the Parliamentary Appointments Committee.
Yesterday, Tuesday, the two took oath of office at State House Entebbe.
In his petition filed to the East African Court sub registry in Kololo Kampala, Mabirizi claims the appointment process violated some provisions of the constitution
He pointed out that it was wrong to fill the position of Deputy Chief justice before being declared vacant by the Judicial Service Commission so as to enable qualified individuals to submit their applications for the same.
” Hon. Justice Richard Buteera was nominated to the position of Deputy Chief Justice which was not vacant at the time of nomination, approval and appointment, it being occupied by Hon. Justice Alphonse Chigamoy Owiny-Dollo,” he argued.
Mabirizi further claims that the Parliament of Uganda failed to address his petition/caveat against the approval of the two persons and indeed neither reverted to the applicant nor invited him for interaction.
“The Parliamentary vetting of Hon. Justice Alphonse Chigamoy Owiny-Dollo and Hon. Justice Richard Buteera, as Chief Justice and Deputy Chief Justice of the Republic of Uganda, respectively was closed out to the public and the press.”
Mabirizi contends that since the Report of Parliamentary Appointments Committee was never presented to the Parliamentary plenary for debate and voting, the process was unlawful and infringed on the fundamental and operational principles of the community which include Good governance and others
As such, the lawyer asked court to issue an order annulling the appointment and assumption of office of both the Chief justice and his Deputy.
He has further asked the regional court to award him general damages.