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

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

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.

Outcome

Petition dismissed; parliamentary approval held to be a constitutional requirement for re-appointment of the IGG and Deputy IGG; interim orders vacated.

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.

Rules and key headnotes

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)

Cases citing this judgment (3)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Kazooba v M.K Creditors Ltd & Others (Miscellaneous Application 1257 of 2022)
• Kiiza Besigye v Attorney General (Constitutional Petition No. 52 of 2011)
• Bob Kasango v Attorney General and Anor (Constitutional Petition No. 16 of 2016)

The original judgment as reported. Read the original PDF before relying on any passage.