In Re Application for recusal of Hon. Justice Alfonse Chigamoy Owiny-Dollo - CJ (Miscellaneous Application 3 of 2021)
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Holding
The applicant sought, ex parte, an order disqualifying the Chief Justice from hearing the presidential election petition and the setting aside of an earlier ruling and proceedings in which the Chief Justice had participated. The Chief Justice declined to recuse himself and continued to sit as a member and head of the coram. The Court held that recusal is not a coram decision but is personal to the Justice whose recusal is sought; that response disposed of the first order sought. With the coram remaining intact and no valid grounds shown to disturb the impugned rulings, the Court deemed the remaining two orders moot and dismissed the application.
Facts
The applicant, Male H. Mabirizi K. Kiwanuka, filed an ex parte notice of motion in connection with Presidential Election Petition No. 1 of 2021 between Kyagulanyi Ssentamu Robert and Yoweri Museveni Tibuhaburwa, the Electoral Commission and the Attorney General. He sought an order that the Chief Justice, Hon. Justice Owiny-Dollo, disqualify or recuse himself from hearing the petition. He further sought that the ruling in Miscellaneous Application No. 1 of 2021, and the proceedings of 9 and 11 February 2021, in which the Chief Justice had participated, be set aside as null and void or nullified. The applicant addressed the Court, as constituted, on the recusal sought in the first order. The Chief Justice declined to recuse himself, for reasons later stated in his ruling, and continued to sit as a member and head of the coram.
Issues
- Whether the Chief Justice should recuse himself from hearing and determining the presidential election petition.
- Whether the ruling in Miscellaneous Application No. 1 of 2021 and the proceedings of 9 and 11 February 2021, in which the Chief Justice participated, should be set aside or nullified.
Orders
- Application dismissed.