Wakilii

Dhikusooka & 21 Others v The Attorney General (Constitutional Petition 10 of 2009)

Constitutional Court · [2009] UGCC 6 · 2009 Petition Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Constitutional petition under Article 137(3) of the Constitution seeking declarations on the interpretation of Article 223(7).
Decision
Petition dismissed; parliamentary approval held to be a constitutional requirement for re-appointment of the IGG and Deputy IGG; interim orders vacated.

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Cited — treatment unverified cited in 3 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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Holding

The petitioners sought a declaration that the re-appointment of the Inspector General of Government (IGG) and Deputy IGG to their second and final terms under Article 223(7) of the Constitution did not require parliamentary approval. Reading Article 223(4) and (7) together and applying the principle that all relevant provisions must give effect to the intention of the Constitution, the Constitutional Court held that parliamentary approval is a constitutional requirement under Article 223(4) for the IGG and Deputy IGG to serve their second terms. A re-appointment is a fresh appointment requiring approval. The petition was dismissed with no order as to costs, and earlier interim orders were vacated. This was a summary judgment with reasons reserved.

Facts

On 23 February 2005, the President appointed Hon. Lady Justice Faith Mwondha as Inspector General of Government under Article 223(4) of the Constitution, with the approval of Parliament. Before her four-year term expired on 23 February 2009, the President signed an instrument on 12 February 2009 renewing her appointment. The Head of Public Service and the Attorney General advised that the re-appointment of the IGG and Deputy IGG required parliamentary approval. The President accordingly forwarded the names of Hon. Lady Justice Faith Mwondha and Mr. Raphael Baku Obudra to the Speaker for approval. The IGG, by letter of 31 March 2009, declined to appear before Parliament's Appointments Committee, considering it unconstitutional. The Committee consequently declined to approve her re-appointment. The petitioners filed this petition on 22 April 2009 (amended 8 May 2009) challenging the requirement of parliamentary approval as unconstitutional.

Issues

  1. Whether the re-appointment of the Inspector General of Government and the Deputy IGG requires parliamentary approval in order for them to serve their respective second and last terms of office under Article 223(7) of the Constitution.

Orders

  • The petition is dismissed with no order as to costs.
  • The interim orders made by this court on 20th May 2009 in Constitutional Application No. 9 of 2009 regarding the emoluments and benefits of Hon. Lady Justice Faith Mwondha are vacated.
  • Detailed reasons for the judgment reserved to a later date.

Key headnotes

Constitutional Law — Appointment of the Inspector General of Government — Re-appointment Requires Parliamentary Approval
The re-appointment of the Inspector General of Government and the Deputy Inspector General to a second term under Article 223(7) of the Constitution requires the approval of Parliament under Article 223(4); a re-appointment is a fresh appointment subject to the same approval requirement.
Statutory Interpretation — Constitutional Interpretation — Reading Provisions Together to Give Effect to the Intention of the Constitution
In interpreting the Constitution as the supreme law, all provisions relevant to an issue must be brought into perspective and read together to give effect to, and not derogate from, the intention of the Constitution, interpreted in the context existing at the time; clauses (4) and (7) of Article 223 must be read together.

Legislation cited (11)

  • Constitution of Uganda Article 137(3)
  • Constitution of Uganda Article 99(1)
  • Constitution of Uganda Article 223(4)
  • Constitution of Uganda Article 223(5)
  • Constitution of Uganda Article 223(6)
  • Constitution of Uganda Article 223(7)
  • Constitution of Uganda Article 253(1)
  • Constitution of Uganda Article 90
  • Constitutional Court (Petitions and References) Rules, S.I. 2005 No. 91, Rule 3
  • Rules of Procedure of Parliament Rule 131(1)
  • Rules of Procedure of Parliament Rule 132(2)(f)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.