The Attorney General of Government William Byaruhanga runs to the Supreme Court seeking to stay the implementation of the Constitutional court Judgement which declared the appointment of a substantive judicial officer to an executive office before resignation as unconstitutional.
Consequently, the March 18, 2021 decision of five Justices of the Constitutional court saw the appointment of the current DPP Justice Janefrances Abodo and other institutions headed by Judges in active service such as the Judicial Service Commission (Justice Benjamin Kabiito) and the Electoral Commission (Justice Simon Byabakama) declared as illegal and should step down with immediate effect.
The AG says if the said decision is not stayed the Criminal Justice System in the Country is in a crisis because all functions of the Director of Public Prosecution including the delagated powers to officers working under her have been halted; while the Judicial Service Commission contends that it cannot conduct inquiries into the events that occurred at the Supreme Court on March 17, 2021 and March 18, 2021 after the withdrawal of the Kyagulanyi Election Petition; since the same are being managed by the Chairperson to the Commission (Justice Benjamin Kabiito) who is affected by the said Judgement.
That the Commission was also forced to halt the ongoing search and recruitment process for Judicial officers for financial year 2020/2021.
The Attorney General maintains that there is need for the Supreme Court to maintain the status quo that existed before the judgement; pending hearing and determination of the appeal to avert the effects the said Judgement has had on the DPP and Judicial Service Commission.
However, the Constitutional court ruled that whatever was done by the said Judicial officer before this Judgement remains valid but any other appointment of a Judge to an executive or constitutional office before resignation would render his or her actions invalid on account that the law is now well settled.
