Lawyers have dragged President Yoweri Museveni to the Constitutional Court for allegedly abusing his constitutional powers to appoint a tribunal to investigate the appointment, conduct and removal of High Court Judge Anup Singh Choudry.
Through the Uganda Law Society, the lawyers claim Justice Choudry of International Crimes Division of the High Court is improper and unfit to be a judge having been found guilty of professional misconduct by the Law Society of England.
Led by their president James Ssemugenyi, the lawyers say that the continued services of Choudry as a judicial officer negatively affects the image of the judicially which is handled by people proven to be of a high moral standard, competence and integrity.
They now want court to make orders directing President Museveni to immediately appoint the said tribunal for purposes of investigating Justice Choudry as per the recommendations of the Judicial Service Commission.
The lawyers further argue that the constitution places the powers to appoint such a tribunal in the hands of the president and that failure to do so is a breach of the constitution.
According to documents filed in court by the Uganda Law society, Justice Choudry was on the October 31, 2000 convicted of making an excessive bill of costs amounting to one million pounds in a libel case he was handling on behalf of a Sikh leader against the Sunday Times Newspaper.
Court papers also show that Justice Choudry was also struck off the register of lawyers and solicitors from the United Kingdom. His law firm of Singh and Choudry was closed down, which disciplinary penalties he unsuccessfully challenged.
Court is yet to give the lawyers a hearing after according a chance to the Attorney General of Uganda to defend the president.
In December 2008, the Uganda Law Society wrote to the Judicial Service Commission querying the appointment of Justice Anup Singh Choudry as a judge of the Uganda High Court. Justice Choudry was sworn in on May 2, 2008 with 12 other judges.
Under Article 144, the president is authorised to appoint a judicial tribunal to investigate the appointment, conduct and removal of the judge.
