Automated Summary
Key Facts
The Hon. Justice Anthony Wabwire Musana recused himself from presiding over Labour Dispute Miscellaneous Application No.163 of 2021 (Citibank Uganda Ltd vs. Samson Ayebare) due to prior representation of Ms. Jovia Abenakyo, an erstwhile employee of Citibank Uganda Ltd, in a similar claim against the same respondent. The recusal followed the judge's application of Principal 2.1 of the Uganda Judicial Code of Conduct, which mandates recusal when a judicial officer has personal knowledge of disputed facts. The case was reallocated per the 2019 Constitutional Practice Directions on recusal.
Issues
The Honorable Justice Anthony Wabwire Musana recused himself from the proceedings in this labor dispute case (LDA No. 018 of 2021) because he had previously represented Ms. Jovia Abenakyo, an erstwhile employee of the Appellant, in a similar claim against the Respondent. The judge determined that the current case was 'more than colourably similar' to his prior client's matter, triggering mandatory recusal under Uganda Judicial Code of Conduct Principal 2.1 and the Constitution's Recusal Directions.
Holdings
The judge recused himself from the proceedings because the case involved a complaint similar to one he previously represented a client in, as per the Uganda Judicial Code of Conduct Principal 2.1. This decision was made to avoid any perception of partiality and in conformity with the Constitution (Recusal of Judicial Officers) (Practice) Directions, 2019.
Legal Principles
The court applied the principle of mandatory recusal under Principal 2.1 of the Uganda Judicial Code of Conduct, which requires a judicial officer to recuse when they have personal knowledge of the disputed facts in proceedings. This aligns with paragraph 6(1) of The Constitution (Recusal of Judicial Officers) (Practice) Directions, 2019.
Precedent Name
In Re An Application For Recusal of the Hon. Alphonse Chigamoy Owiny Dollo-CJ by H.H Male Mabirizi
Cited Statute
- The Constitution (Recusal of Judicial Officers) (Practice) Directions, 2019
- Uganda Judicial Code of Conduct
Judge Name
- Anthony Wabwire Musana
- Suzan Nabirye
- Michael Matovu
- Adrine Namara
Passage Text
- I am now of the conscience to recuse myself from participating in these proceedings because the facts, claims and issues raised in the matter herein arise from the same complaint that was subject of my erstwhile client's claim against the Respondent. It is more than colourably similar.
- Accordingly and in conformity with the provisions of paragraph 6(1) of The Constitution (Recusal of Judicial Officers) (Practice) Directions, 2019, I hereby refrain from participating in these proceedings. In keeping with paragraph 3(a) of the Directions, the parties are hereby notified.