Opinion | Erias Lukwago
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 bedrock 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 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 handsmaid 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 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 salvation of our motherland lies in Art. 3 of the constitution [Plan B].
Lukwago is Kampala Lord Mayor, and deputy president of People’s Government
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