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In Re: Application for recusal of Hon. Justice Alfonse Chigamoy Owiny-Dollo - CJ (Miscellaneous Application 3 of 2021) [2021] UGSC 67 (17 March 2021)
- Citation
- [2021] UGSC 67
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Supreme Court of Uganda
- Panel
- Owiny-Dollo, CJ, Kisaakye, JSC, Arach-Amoko, JSC, Opio-Aweri, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC
- Case number
- Miscellaneous Application 3 of 2021
- Language
- English
More details
- Court
- Supreme Court of Uganda
- Panel
- Owiny-Dollo, CJ, Kisaakye, JSC, Arach-Amoko, JSC, Opio-Aweri, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC
- Case number
- Miscellaneous Application 3 of 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Supreme Court held that the application for recusal was without merit. Recusal is a personal matter for the Justice whose impartiality is questioned, and in this case, Owiny-Dollo CJ declined to recuse himself, providing reasons in his ruling. The court found no valid grounds to set aside previous rulings or nullify proceedings where Owiny-Dollo CJ participated. The integrity of the coram was maintained, and the application was dismissed as the applicant failed to establish any real likelihood of bias or conflict of interest warranting recusal.
Court disposition
application dismissed
Orders
- The application for recusal of Owiny-Dollo CJ is dismissed.
- All previous rulings and proceedings remain valid and are not set aside.
02
Material facts
Parties
Male H. Mabirizi K. Kiwanuka
ApplicantOwiny-Dollo CJ
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling
04
Questions and positions
Legal issues
- 01
Whether Owiny-Dollo CJ should recuse himself from hearing and determining Presidential Election Petition No.1 of 2021.
- 02
Whether previous rulings and proceedings where Owiny-Dollo CJ participated should be set aside or nullified.
Party arguments
- Applicant
- The applicant contended that Owiny-Dollo CJ should disqualify himself from participating in the hearing and determination of the Presidential Election Petition No.1 of 2021 due to alleged bias or conflict of interest. He further argued that previous rulings and proceedings where Owiny-Dollo CJ participated should be set aside as null and void.
- Respondent
- Owiny-Dollo CJ declined to recuse himself, stating that recusal is a personal decision for the Justice concerned and not a matter for the coram. The court found no valid grounds to disturb the impugned rulings or proceedings and maintained the integrity of the coram.
05
Court’s reasoning
Legal principles
- 01
Ugandan judicial practice
Recusal of a judge is a personal decision and not a coram decision.
- 02
General principles of natural justice
A judge should only recuse himself if there is a real likelihood of bias or conflict of interest.
06
Ratio, limits and disposition
Ratio decidendi
The Supreme Court held that the application for recusal was without merit. Recusal is a personal matter for the Justice whose impartiality is questioned, and in this case, Owiny-Dollo CJ declined to recuse himself, providing reasons in his ruling. The court found no valid grounds to set aside previous rulings or nullify proceedings where Owiny-Dollo CJ participated. The integrity of the coram was maintained, and the application was dismissed as the applicant failed to establish any real likelihood of bias or conflict of interest warranting recusal.
Obiter and limits
- Recusal applications must be based on substantiated grounds, not mere conjecture.
- The composition of the coram remains unaffected unless a Justice personally decides to recuse himself.
Court disposition
application dismissed
- The application for recusal of Owiny-Dollo CJ is dismissed.
- All previous rulings and proceedings remain valid and are not set aside.
Source and reliance status
Supreme Court of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Uganda
Judgment
THE REPUBLIC OF UGANDA
IN THE SUPREME COURT OF UGANDA AT KAMPALA
MISC. APPLICATION NO.03 OF 2021
(ARISING OUT OF PRESIDENTIAL ELECTION PETITION NO.1 OF $2021)$
BETWEEN
KYAGULANYI SSENTAMU ROBERT VS YOWERI MUSEVENI TIBUHABURWA, ELECTORAL COMMISSION AND ATTORNEY GENERAL
CORAM: OWINY-DOLLO CJ, KISAAKYE, ARACH-AMOKO, OPIO AWERI, MWONDHA, MUGAMBA, MUHANGUZI, TUHAISE & CHIBITA, JJSC
IN THE MATER OF RECUSAL PROCEEDINGS
IN RE: APPLICATION FOR RECUSAL OF OWINY-DOLLO CJ
BY
MALE H. MABIRIZI K. KIWANUKA ::::::::::::::::::::::::::::::::::::
RULING OF THE COURT
The applicant, Male H. Mabirizi K. Kiwanuka, filed this exparte application by Notice of Motion seeking the following orders:
- 1. Owiny-Dollo, CJ disqualifies/recuses himself from participation in hearing and determination of PRESIDENTIAL ELECTION PETITION NO:1 OF 2021 IKYAGULANYI SSENTAMU ROBERT V YOWERI MUSEVENI TIBUHABURWA, ELECTORAL COMMISSION & ATTORNEY GENERAL - 2. The Ruling in Misc. Application No:1 of 2021 SSENTAMU ROBERT YOWERI VS IKYAGULANYI
MUSEVENI TIBUHABURWA, ELECTORAL COMMISSION & Owiny-Dollo. CJ where GENERALI ATTORNEY participated be set aside for being null and void.
3. The proceedings of 09<sup>th</sup> February 2021 and 11<sup>th</sup> February, 2021 where Owiny-Dollo, CJ participated be nullified.
The applicant addressed the court as constituted regarding the application for recusal contained in the first order sought. Thereafter Hon. Justice Owiny-Dollo, CJ declined to recuse himself for reasons he later stated in his ruling. In effect Owiny-Dollo, CJ continued legally to sit not only as a member of the coram but as its head. Needless to say, recusal is not a coram decision. It is personal to the Justice whose recusal is sought. While the response on the recusal disposes of the first order sought, we deem it moot to deal with the two subsequent orders sought, given that the corara remains intact and we find no valid grounds to disturb the said impugned rulings.
Consequently, we dismiss this application.
DATED at Kampala this 17<sup>th</sup> day of March, 2021.
Hon Justice Alfonse Owiny-Dollo, Chief Justice
Hon Justice Dr. Esther K. Kisaakye JUSTICE OF THE SUPREME COURT
Hon. Justice Stella Arach-Amoko JUSTICE OF THE SUPREME COURT
Hon. Justice Rubby Opio-Aweri JUSTICE OF THE SUPREME COURT
Tilmendee ............
Hon, Justice Faith Mwondha JUSTICE OF THE SUPREME COURT
Hon. Justice Paul Mugamba JUSTICE OF THE SUPREME COURT
. . . . . . . . . . . . . . .
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Hon. Justice Ezekiel Muhanguzi JUSTICE OF THE SUPREME COURT
MAN
Hon. Justice Percy Night Tuhaise JUSTICE OF THE SUPREME COURT
Hon. Justice Mike Chibita JUSTICE OF THE SUPREME COURT
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