The postulation of My Lord Alfonse Owiny-dollo on the paradoxical Executive Order.
On 19th May 2023 president of the Republic of Uganda, Gen. Yoweri Kaguta Museveni issued Executive Order 03 2023 of which among others expels Balalo living in Northern Uganda illegally. Before the order comes to play, the president was propelled to extend its enforcement by three months, when his brother Gen. Caleb akandwanaho, Chief of Operation Wealth Creation wrote to him, advising that these Balalo herdsmen should be verified before expelling them, since a good number of them acquired land legally. After the first extension, the president again pushed the implementation of such on grounds that he is still reading the reports of the varification, reaching the local community living with these herdsmen, which later took place in Okidi. In one of the last meetings that Acholi leaders had with president Museveni on the same, Hon. Justice Alfonse Owiny-dollo Chigamoi led a team of Acholi leaders with representatives of political, Cultural, opinion leaders and others.
Hon. Justice Alfonse Owinydolo Chigamoi is at the forefront of this matter not as the chief justice of Uganda, but rather as an Acholi elder who can not sit back and see politicians languish in a state of quagmire, offering no solutions to Acholi dilemma.
Couples of days ago, Veteran journalist, the controversial Andrew Mwenda took to his twitter handle and criticized My Lord Chigamoi for attacking a specific group of people buying land in Acholi Subregion, he continued to say Hon. Justice Owiny-dollo just like other people own land in Central Uganda, did he grabbed it....? Media also had it that, a section of Ankole Members of parliament criticized Dolo, calling him tribal and unfit for the position of Chief Justice.
What Mwenda and these other Ankole Members of parliament forgot is that, there are substantial and strict processes taken before somebody is entrusted to head a whole judiciary. By saying My Lord Chigamoi is not fit for such, you are doubting the reasoning capacity of the head of state, because he is the appointing authority. These amateur politicians are pouring out mediocre and myopic statements just because they are also entangled in fraudulent land deals in Acholi Subregion. For the case of Andrew Mwenda, he used to analyze matters very well, and it's absurd that his reasoning capacity has reached its climax and now deteriorating. Mwenda was a very bold journalist, full of insight, but upon realizing that he is surrounded by great people, he allowed pride and power to consume him, which later made him lose his conscience. Mwenda now sounds an enemy to humanity, a man who no longer cares about the plight of less privileged people.
Just to help Mwenda and his colleagues in reasoning (some Ankole MPs) understand and appreciate Dolo's huge contribution to all Ugandans, let's retrospect his journey starting in 1988;
Owiny-Dollo served as legal counsel in the peace talks between the rebel, Uganda People's Democratic Movement (UPDM), and Uganda government in the year 1988. He wrote the peace agreement that was signed between the two parties on 3rd June 1988, at Pece Stadium, Gulu.
From 1994 to 1996, Owinydolo was a member of the Constituent Assembly that drafted the 1995 Constitution of Uganda. He was also a member of parliament, representing Agago Constituency in the 6th Parliament. In the quest for peace in Northern Uganda and the whole country, Owiny-dollo served as legal counsel to Reik Macher who was the chief mediator in the talks between the Lord's Resistance Army and the government of Uganda, from 2006 to 2008.
When he was appointed to the High Court of Uganda in 2008, he served with prudence and wisdom, upholding the dignity of judiciary, a position he served in until 2015, because of that, and in that same year, he was promoted to the Court of Appeal of Uganda. He did not assume that new position immediately, since he was then hearing a terrorism case in the High Court, in which 13 men were accused of killing 76 people in twin bombings in Kampala in 2010. That case occupied him until May 2016.
In August 2017, the president of the Republic of Uganda, H. E. Yoweri Kaguta Museveni appointed Owiny-Dollo, as the Deputy Chief Justice of which under Ugandan law, the holder of that position doubles as the head of Uganda's Court of Appeal and Uganda's Constitutional Court.
Alfonse Owiny-dollo assumed his current position as the 13th Chief Justice of Uganda, on 20 August 2020 being appointed by the head of state, Yoweri Kaguta Museveni as required by law. Owiny-dollo replaced Bart Magunda Katureebe, who went on retirement.
Why and how Dolo found himself standing in between the Balalo and the president's executive order 03 2023?
It is important to note that, Acholi pride in Owiny-dollo, because he is one of the few intelligent, honest, bold and trustworthy elders in the land. As other elders chose to keep quiet, involve in fraudulent land deals, or get compromised, Owiny-dollo has refused to pretend that everything is okay yet darkness is covering the land. If he was self-centered, he would just continue enjoying the Chief Justice's privileges quietly. It should appear crystal clear to Ugandans that Owiny-dollo is not amidst this issue as the chief justice, but rather as an Acholi elder that is known and trusted by many including the president for his integrity.
Being part of the team that built and came up with the 1995 constitution, Owiny-dollo is jealousy doing all it takes to safeguard it. Article 237(1) of the Constitution states that land belongs to the citizens of Uganda and Article 26(1) protects the right to own property either individually or in association with others for instance groups of people who hold land communally. The tenure systems are categorized as: private mailo title, Freehold titles, Leasehold title and Customary. (Article 237 (3) of the 1995 Constitution of Uganda and Section 2 of the Land Act). It is vividly clear that there is a huge crusade against customary tenure systems, so that it is very easy for the land grabbers to practice their evil.
As other Ugandans question and look down on the genuineness and powers of the president's executive order as provided for in article 99 (2) of the 1995 constitution of Uganda, Owinydolo is adamantly doing the needful, to ensure that the powers of the president, is not diluted, ignored and looked at as a toothless dog. And it will not be a surprise if the president and the International Community awards Alfonse Owiny-dollo for this selfless endeavours.
It's only the unkind, arrogant and mentally challenged people, who would say Owinydolo is unfit to hold the position of chief justice. These people criticizing him have Narcissistic personality disorder. If children don't, then elders like president Museveni understands the contribution of this senior judge towards judiciary, peace and stability in this country.
My recommendations.
Putting aside the attacks on My Lord Dolo and Gen. Otema, the last meeting that the two delegations from Acholi had with the president at Statehouse, provoked the formation of a Committee of 10 people, to reverify the nomads through case by case basis. Where things have reached, we need information, because it is power as opposed to violence. I would implore the locals, especially leaders to support Dolo, Otema and the team, avail all the necessary informations to aid the reverification. Key informations that the locals should avail to the team includes;
Land deals where one or two members of the family grabbed Community land, or land under the custody of widows, orphans, person living with disabilities and sell to these modern Balalo.
There are many cases of incomplete payments, and if possible such sales should be counselled.
There are also cases where these modern Balalo pay for 100 acres, but goes ahead to process documents for 100 hectors instead, not forgetting manipulation where these modern Balalo buy land at as low as 250,000/=, 300,000/= or 350,000/=, this is exploitation of the poor.
We should admit that our children have errored by bringing or helping the Balalo to find their ways in Acholi land, and the best thing to do now is, Acholi should unite and desist from;
1) Violence. People should not get lured or entangled into violent approaches in handling Balalo issues. Don't forget that our history makes us appear very bad in the eyes of some Ugandans, and coupled to the minerals in this land, our enemies may use any slight violence to turn Acholi land into Kivu and ituri province.
2) Infight and personal attacks. The attacks on Dolo and Otema is uncalled for. It's absolutely useless to drag ourselves in to personal attacks on individuals and the whole family. The attack on Awany's family is absurd and provides no directions out of Acholi dilemma.
3) Let us also desist from blame games, because in reality when some of the LCIs, LCIIIs, GISUs, LCVs, MPs were linking the local people to these Balalo, the likes of Dolo and Otema were not there encouraging us to sell land to these people. Let's shoulder each other in sourcing solutions to Acholi problems. Above all we should address the situation propelling people to sell land, because even if we get rid of Balalo, other people are still coming since Acholi land is one of the arable land that the world is looking for.
The bible says there is time for everything, let's remain hopeful. One day, it will be new dawn in Acoli.
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