By Spy Uganda
Kampala: The Kampala Lord Mayor and renowned City counsel Erias Lukwago (rule of law) has penned down a grievance letter to the Chief Justice of Uganda Justice Owinyi Dollo accusing him of allegedly conniving with the ‘brute” state to further destroy rule of law and constitutionalism rather than to save it. Furious Lukwago accuses Dollo of being in bed with the regime in watering down the rule of law.
“The petition before him was not about Hon. Kyagulanyi but the political and constitutional stability of Uganda, and the prosperity. Slamming the judicial doors in the face of Kyagulanyi’s lawyers loaded with voluminous affidavit evidence on account of minor infractions or delay by an hour or two obviously amounted to an abdication of that noble duty,” says Counsel Erias Lukwago.
Lukwago revealed these via his Facebook post reading thus;
“The doctrine of “Judicial Activism”, enunciated in the US constitutional jurisprudence in the mid 20th century, is such a potent weapon in non-violent revolutions as well as guaranteeing constitutional or political stability. Countries like India managed to stave off catastrophic political upheavals using this legal-political tool which has since become a rock bed for robust state structures and systems in a number of strong democracies.
This “legal innovation” enjoins the judicial arm of the state to be ingenious enough to the extent of defying orthodox or conventional fetters in dealing with potentially explosive political or constitutional matters. Simply put, the judiciary, as a bastion of Rule of Law and constitutional governance, carries on its shoulders a daunting task of jealously protecting the sovereignty of the people and averting a political or constitutional crisis, even in circumstances that warrant doing so “suo-motu” (on their own volition).
The judicial bodies in Kenya and Malawi demonstrated aspects of this novel doctrine in the recent presidential election petitions. I would like to believe that it’s the spirit of that same doctrine that informed the provisions of Art. 104 of our Constitution which commands the Supreme Court to INQUIRE into-as proposed to the hearing-a presidential election petition.
In all honesty, and with the utmost respect, Justice Owinyi Dollo, who ought to have executed a noble duty of a midwife or handmaid of Justice has instead facilitated an abortion or miscarriage of justice. The petition before him was not about Hon. Kyagulanyi but the political and constitutional stability of Uganda, and the prosperity. Slamming the judicial doors in the face of Kyagulanyi’s lawyers loaded with voluminous affidavit evidence on account of minor infractions or delay by an hour or two obviously amounted to an abdication of that noble duty.
It’s now abundantly clear to all and sundry, particularly to peace-loving Ugandans of different political persuasions that the lifeline to the salvation of our motherland lies in Art. 3 of the constitution.”