Tag: Justice Alphonse Owiny Dollo
Opinion: Tayebwa and Among will make the House into a Partisan Den
Now that it’s official and the voting tomorrow is in session. The news that Chief Whip Thomas Tayebwa is the anointed Deputy Speaker to take the place of the current Deputy Anita Annet Among. We know the drill here and the most likely result tomorrow is that both of these gets the promotions in Parliament.
So in advance, congratulations and hope you can resurrect your legacies. However, in the grand scheme of things of things. I doubt it… and these two cadres are the token loyalists and egocentric puppets, which are the sort of fishermen that the President has prayed for entering his party all his life. These sort of small-time schemers and elite, which is easily corrupted and tricked into thinking they are doing their own gains, but initially just serving the purpose of the State House.
President Yoweri Kaguta Museveni must be so happy. That his getting the partisan people of Tayebwa and Among to these roles is just a blessing for the old man. He gets the epitome of hacks and insufferable people to represent his causes in the Parliament. These will wait for the whistle and ensure the NRM is at the heart of things.
Tayebwa has proven this all on his own. That he says just censoring Muhwezi was a target against all of the members of the Movement. When he could say that as a Chief Whip and staunchly defend the merits and questionable act of the Minister. We know that he has the ability and heart to strike even harder as the Deputy. He will follow the foot-steps of Among and cause even more damage without proper procedure or protocol. Just to throw the opposition into a tail-spin and escalate even more tension between the parties.
Among already proven that with her handling of the Zaake case and removal of title as Commissioner. Therefore, we know how she plays and used the office as Deputy. Now that she’s the boss and the Speaker. She can be even more ruthless and insincere. I don’t expect her to change or suddenly become a person of integrity or honesty. As that ship has sailed and she has proven there is one standard for NRM and another for the rest. That’s just how things goes and now the Parliament has to follow these sets of guidance and rules. If not… she can use the same argument again to revoke or censor someone.
When we know all this and this is the outcome of the death of Oulanyah. It is clear that the cadres and the well-grounded MPs within NRM is becoming extinct. When this is the best they have to offer and who they are endorsing to such roles. Theses people should be trusted and be people who will follow the words of the procedure and the law. However, these are so partisan and so selective in their reasoning. That I doubt they will ever do so.
These people will bargain and ensure the NRM and the President decrees are followed. Without any oversight or accountability. I expect the 11th Parliament to be so partisan, that the Leader of Parliament will often boycott or not participate. Neither will many of the Opposition MPs. Who don’t see grounds or values in the Plenary Sessions. As they are muffled and not taken into consideration. The majority and the NRM has a head who will silence and brutally engage with them. Therefore, things are not getting, but instead worse…
These two running the show. It will be a circus and a partisan at that. There will be no middle-ground or sort of impressionable scene. The ones that is chosen has already proven that by their actions and words. The titles and ranks might change, but we know these two bleeds yellow. Therefore, the sights on the Parliament will be so too. These will not account or care, because these has only interest of the Movement and nothing else.
That’s why there should be other types of cadres and MPs elected to these roles. However, the NRM CEC and the likes doesn’t even shield the need to totally suffocate the opposition. Peace.
Opinion: CJ Dollo showed his tribalist ways …
“But your ethnic leader, you who were demonstrating, was transported in a presidential jet on public funds he was not entitled. You did not demonstrate. Is it because Oulanyah is an Acholi? Is it because Oulanyah does not speak your language? Only a wicked person, can fight a person fighting for his life. Only a super wicked person can fight the dead. Actually for us it is an abomination which has no named” – Chief Justice Alfonse Owiny Dollo (23.03.2022).
It seems to always be fitting to target and speak of ill of the “Central Region” or Buganda. These sentiments are clearly in the back-head of many people. As they are speaking with a tone and manner, which doesn’t seem fitting.
It is now done by the Court Justice Dollo… who can easily go after the Kabaka and the Baganda Kingdom. As he took an KLM flight to Germany for treatment. While he forgets that the state paid for the special flight of Oulanyah to Seattle. Again, the hospitalization abroad isn’t the issue, but the tribe. That is tragic… as in both instances… the lacking health care and medical facilities to treat this people are worrying. When VIPs has to go abroad to get help and the expenses are on the state. Alas, CJ Dollo isn’t smart here, but playing along tribal lines.
What is striking is how easily the loyal cadres and people in the inner-circle of power can use tribalism. When the President is often quoted to speak up against preaching sectarianism. However, the first moment when the iron get hot. The people come out of the woodwork and does just that.
CJ Dollo is no exception to the rule, as his just doing this in regard to the Muganda and their cultural leader. If this had been towards the Bunyoro or the Busoga it would have been wrong. Heck, no one should do this to the Langi or the Acholi either. It just shows how things are backwards, instead of moving forward.
What his saying is lingering on hate speech and should be condemned. This is coming after the Acholi and Greater North MPs wanted to “ring-fence” the position in Parliament. However, we know that is not happening and the Deputy is getting a promotion. That shows the National Resistance Movement wasn’t following the pleas and the petitions to follow ethnic lines for a role in government.
Nevertheless, we know the NRM has a problem with this and not because Among is from the East. No, the NRM has a problem that they have favoured Westerner and Ankoli for a long time. They have a click and a power-base, which has been steady since the bush-war. Therefore, the ethnic and tribal accusations can easily be pinned on the NRM. That is a reaction to the NRA historicals and the manner of which the President has governed.
So, CJ Dollo is just going after the Baganda and the Muganda. A kingdom and a region, which has dared to vote against the NRM and pick opposition leaders. That is just showing how staged this is. The opposition run demonstrations wasn’t directly at Oulanyah in Seattle, but a reaction to the medical tourism and wastage of government spending. This was the reason and Oulanyah was just the latest high ranking official to do so. It wasn’t long ago since former minister Lokodo was abroad for treatment before his death too. Therefore, this is a lingering problem and not an Acholi or anything else problem. It is a system default which is bad for the whole society. Since the hospitals and the health centres cannot cater and deliver the needed health care treatment in the Republic.
However, this sort of speech does nobody any good and the CJ should be better. Nevertheless, the death and demise of Oulanyah exposed his true character, I suppose. Peace.
Opinion: A new Speaker has to be elected before a new plenary or business is transacted in Parliament
The 1995 Constitution in article 82(4) states that no business shall happen in Parliament other than the election of a Speaker at any time the Office falls vacant. Now that it’s official that late Speaker Jacob Oulanyah died in Seattle. The stipulations in the Constitution is clear and sets the parameter of the next actions.
In other parts of the article 82(5) the Chief Justice, which happens to be Justice Alfonse Chigamoy Owiny-Dollo, either himself has to preside of the election of the Speaker and the Deputy Speaker. He can also designate a judge to do it for him in his stead.
What we do know by the other stipulations in the Constitution. The Speaker cannot be a Vice-President or Minister for that matter. Unless, Rebecca Kadaga now resigns from her position. She cannot be re-elected as Speaker. If she would be willing to risk that and again renegade for her own personal interests. Which she did with fielding her candidacy in defiance to the will of her party in 2021. Alas, things can become tense and interesting.
Because, we know things will run with a State Funeral and a transport of the body from the United States and back to Uganda. Where a Committee appointed by the President will preside over the proceedings and functions of the late Oulanyah.
Since he was sick, the Deputy Speaker Anita Among have run the business of the Parliament. While she was expecting a ceremony of forgiveness from Hon. Francis Zaake this up-coming week. That will clearly be abandoned and new things are bound to appear.
The Constitution is setting precedence and there is protocol to follow. The ones who calls this cold-hearted and out of order. Well, if they want an illegal plenary and stop parliamentary business. Then you skip these formalities and opens up a quagmire of problems, which can haunt the transacted business of the August House. The House should be order and it should follow the stipulated laws, as it’s the body, which enacts and proposes new legislation. Therefore, they should be the ones that honours it first and accordingly so.
Some might say… isn’t that mighty Noble and outside of purpose. However, if the 1995 Constitution hadn’t said this in the articles and the laws was reflecting this. I wouldn’t have questioned the legality either. Nevertheless, here we are and the justifications to ask for it is justified. The article 82 is clear in it’s wording and there is little wiggle-room.
The ones speaking of long mourning period and not hold an election for a new speaker. They are void of the fact of the function and the constitutional bound role of the speaker. This is why the importance of doing it and ensure the formalities for business transacting in the August House. That should for matter for anyone who wants things to be done legally and after constitutional order.
Deputy Speaker Among might feel justified to continue, as she has done so in the absence of Oulanyah. Since he fell ill, became bed-ridden and went to hospital, even before he was referred to get treatment in the United States. She has been the one in his stead. However, the law isn’t giving her the rights to automatically get in his stead. The laws are set to have new elections. Meaning new candidates and possible re-election. This can be a hurdle or she have to trade on the goodwill of envelopes of late.
Time will really tell. Nevertheless, we have to see how the 11th Parliament will operate, but if they will act accordingly to the Constitution. They have now one agenda and one objective, which the Chief Justice or the ones he appoints have to preside over. The new election of the new speaker and deputy speaker. Since the seat of the Speaker is now vacant. Peace.
Will CJ Owiny Dollo circumvent the Constitutional rights of Bail by using his Constitutional Powers?
Today, there have been leaks of a Court Justice Alfonse Owiny Dollo has written a guidance, which will circumvent and guide judges to block “bail” for certain offences in the Republic. This is happening, as President Museveni and his allies have worked overtime trying to find ways of doing this. CJ Owiny Dollo would give way and make things easy by doing this.
“133. Administrative functions of the Chief Justice
- The Chief Justice—
- shall be the head of the judiciary and shall be responsible for the administration and supervision of all courts in Uganda; and
- (b)may issue orders and directions to the courts necessary for the proper and efficient administration of justice
(2) Where the office of the Chief Justice is vacant or where the Chief Justice is for any reason unable to perform the functions of his or her office, then until a person has been appointed to and has assumed the functions of that office or until the Chief Justice has resumed the performance of those functions, those functions shall be performed by the Deputy Chief Justice” (Constitution, 1995).
We are seeing here that the CJ has the constitutional power to guide and issue orders for proper and efficient administration of justice. Alas, if CJ Owiny Dollo does this he needs the legal arguments and ramifications for his guidance. Since, he needs to prove if it is proper or within the current laws and efficient administration of justice. That is what CJ Owiny Dollo needs to do. As his the man who vouch for and supports this idea by signing his name into the guidance of the courts.
Yes, this is giving way to the President who wants this change. As he wants the state to be more strict and use the leverage of law to punish his enemies even harder. This isn’t used to fight crime or criminals, no this change of laws will go after the political prisoners and activists who fight for justice and liberty. Which is ironic, as the ones who will be targeted by this change and guidance, are the prisoners of conscience and not career criminals with manslaughter, murder or being a serial killers. No, this will hit opposition MPs and the ones who have offended “the Don”.
CJ Owiny Dollo will be this term Raphael Magyezi, as he intends to revise the Constitution in favour of the President. Owiny Dollo is willing to risk his name and everything his worked for. Just to serve the President and his whims. This isn’t to better the republic or make things more just. No, this is just the recent revision which fits the current state of affairs for the President.
It is really foolish to do this, the President and his people are really shortsighted. As this will get applied to the opposition and dissidents right now. However, if the pendulum suddenly changes and the current elite is losing power. They could be the end of this stick and be punished with the same manner. This means the high ranking officials and their associates could be taken in and not be released in a timely fashion. Because, the President and National Resistance Movement (NRM) did this in 2021. So in 2026 or any other year the stakes might be different and the ones in power deserve to feel the pain they put on others.
CJ Owiny Dollo should fear for the future if he is allowed to use his office to make this happen. It is just like former Prime Minister Amama Mbabazi who ensured the Public Order Management Act (POMA) becoming a law, which was used against him when he stood as a Presidential Candidate. The law that he pushed got used against him. If someone finds something serious in the past of the CJ Owiny Dollo he could be detained without question. No only the men or leaders around Bobi Wine, but someone who used to be a token ally of Museveni.
The end of bail will haunt this government. This tool will not only go against the current enemies of the state. No, this can be used against others too and give credence to keeping people behind bars without proper justice. As the state doesn’t have to produce or ensure proper proceedings, as the state can use without court orders or sentencing making people guilty. That the state does this to its citizens shows how far the dictator and the President are willing to go. As the law isn’t only battered on innocent civilians and dissidents, no the state is rigged against them, in such a manner that the Constitution doesn’t matter. Since, the latest CJ has given guidance, which is countering it.
The ones sharing this on will possibly be backfired on. CJ Owiny Dollo can carry the water for His Excellency, but this will not clench his thirst. At some point of time, the President wants more than water and more than a cup of tea. He wants the bar and the side-dish. CJ Owiny Dollo is serving a purpose now, but if he doesn’t comply later. He will be stationed elsewhere or be retired… Peace.
Opinon: CJ Owiny-Dollo needs his own ‘Plan B’
“Supreme Court Justice, Esther Kisakye has accused Chief Justice, Alfonse Owiny-Dollo, of confiscating her file which includes her minority ruling on the withdrawal of the presidential poll petition. The justices are Thursday are giving a detailed judgment on why they allowed former presidential candidate Robert Kyagulanyi to withdraw his poll petition. Kyagulanyi, who ran to the highest court to challenge the outcomes of the presidential elections later applied to withdraw his case citing several reasons including the kidnap of his witnesses and bias on the side of the court. “I am here today to give my ruling in the recently withdrawn presidential petition. What is of surprise to me is that my file has apparently been confiscated on the orders of the chief justice,” Kisakye said. She said she has asked the court staff to recover her file so that she can give her dissenting ruling” (Betty Amamukirori – ‘Election petition: Justice Kisakye accuses Chief Justice of confiscating her file’ 18.03.2021, New Vision).
Chief Justice Owiny-Dollo is now undressed. The whole Supreme Court and their planned efforts are now proven in the courts of opinion. The total shambolic affairs is now in the public view. Even a dissenting Justice Kisakye wasn’t allowed and her minority was reported to be confiscated. That says it all really.
There was no factor or ability for anyone to overturn or nullify the Presidential Elections. The ideal of equal before the law or even serve documents was to be finessed. This was all just the final stroke of legitimizing the elections and getting everyone to mov-on. As the legal position and verdict would seal it for the future. It would be a final destination and Museveni would ride to infinity.
We knew the courts would be one sided and they would find all reasons to vote in favour of the incumbent. That was well versed reality and there was no other way this could go. Therefore, the recent revelation only proves why it was right for Robert Kyagulanyi aka Bobi Wine to withdraw. As there was no option or opportunity for a fair verdict. The court was settled even before the evidence was coming to them.
It is now time for CJ Owiny-Dollo to write his thesis on ‘Plan B’ or find his own. Because, his career and life now depend on Museveni. He got nothing else. Unless, he suddenly wants to go rouge, which is very unlikely. It will take a master stroke for him to suddenly turn on his master now. Especially, since he is indebted and holds this role because of him.
With that in mind. The CJ Owiny-Dollo should consider his way forward. As his legacy is now tarnished. All his career and everything he possibly stood for is now into ashes. There are no redeeming qualities there. He risked it all and took the prestigious appointment but has squander his own name.
He is now a loyal puppet of the President. That is all he is. The Judicial puppet and “Yes-Man” who delivers what the “high above” says. That is the route has chosen. Surely, there are so current pay-offs and wealth attributed to it. However, those will not last forever and whatever his getting. Its not enough to damage hurt.
Bobi Wine and the NUP have now shown the world the state of the judicial independence in the Republic. They have proven it by the acts and the way this has played out. Now, the President and his team can only try shield over the fact. But… this final act only prove what some of us has said for a long time. The Supreme Court and others are there to serve man and not serve justice. Peace.
Uganda: “Appointment of Deputy Chief Justice and Justices of The Supreme Court” (18.08.2017)