(Removal of the President on grounds of abuse of office or willful violation of the oath of allegiance and presidential oath or any provision of the constitution and misconduct or misbehaviour Art 107(1-7)).
Article 107 of the Constitution of the Republic of Uganda provides for the grounds and procedure under which the President may be removed from office.
The President may be removed from office on grounds of abuse of office or willful violation of the oath of allegiance and presidential oath or violation of any provision of the constitution. The President may also be removed for misconduct or misbehaviour where he/she has conducted him/herself in a manner which is likely to bring the office of the President into hatred, ridicule, contempt or disrepute, and; where the President dishonestly does any act or omission which is prejudicial or inimical to the economy or security of Uganda.
The removal of the President on the grounds of abuse of office, misconduct or misbehaviour is commenced by a notice in writing submitted to the Speaker. The notice should be signed by not less than one-third of all the Members of Parliament (MPs). The notice should state that the MPs intend to move a motion for a resolution in Parliament for the removal of the President on any of these grounds i.e. willful abuse of office or willful violation of the oath of allegiance and Presidential oath or any other provision of the constitution, misconduct or misbehaviour. The notice is considered complete when it discloses the particulars of each charge and is supported by necessary documents on which the claim for the President to be investigated for the purpose of removal from office is based.
The Speaker is required to cause a copy of the notice to be transmitted to the President and the Chief Justice within twenty-four hours after the notice has been lodged with/her office.
Upon receipt of the notice from the Speaker, the Chief Justice is required to constitute a tribunal comprising three Justices of the Supreme Court within seven days. The tribunal is tasked with the responsibility to investigate the allegations in the notice and to report its findings to Parliament stating whether there is a prima facie case for the removal of the President.
The President has a right to appear at the proceedings of the tribunal and to be represented there by a lawyer or other expert or person of his or her choice.
Where the tribunal finds that there is a prima facie case for the removal of the President on any of the grounds alleged in the notice, Parliament is required to vote on a resolution for the President’s removal from office. The President is removed from office where the resolution is supported by two-thirds of all the members of parliament.
Parliament has fourteen days to move the motion for a resolution for the removal of the President after receipt of the report from the Tribunal by the Speaker.