General
Professor Oloka-Onyango delivers inaugural lecture on GHOSTS AND THE LAW
On 12th November 2015, the Vice Chancellor awarded Prof. Joe Oloka-Onyango a plaque and certificate in commemoration of his fundamental duty as a full Professor of Makerere University.
Prof. Joe Oloka-Onyango gave an inaugural lecture titled, Ghosts and the Law, in which he revealed that the Ugandan law has long been haunted by ghosts, which take on varied shapes and sizes as the Common law itself. He nevertheless remained hopeful that one day, Public Interest Litigation (PIL) will eventually triumph, leading to reconciliation between the two ghosts; one backward-looking in support of extra-constitutional overthrow of government, and another which aspires for the protection of fundamental human rights, with the hope that the good one will prevail over her evil sibling.
“As we celebrate 20 years of the 1995 Constitution and approach the 50th anniversary of the decision in the case, it is the most appropriate time to look back and consider which of the ‘twins’ of the ‘Ghost of ex parte Matovu’ has been most successful in influencing the Ugandan body politic. What does the future portend for the life of these fraternal twins?”
The drums sounded as the Vice Chancellor’s procession comprising the Deputy Vice Chancellor Academic Affairs, Ag. Principal-School of Law and academicians clad in gowns, led Prof. Joe Oloka-Onyango to the Main Hall, amidst a colourful performance from the Mak Department of Performing Arts and Film.
The Vice Chancellor of Makerere University, Prof. John Ddumba-Ssentamu welcomed the audience comprising invited guests, the family of Prof. Joe Oloka-Onyango, intellectuals/scholars, staff, students, the legal fraternity and well-wishers to the Joe Oloka-Onyango inaugural lecture. He thanked the audience that filled the Main Hall to full capacity for braving the heavy rains.
The Vice Chancellor highlighted that Inaugural lectures are a central part of the University’s academic life. “These events are held to commemorate the inaugural lecturer's appointment to full professorship. Today’s inaugural lecture provides a platform for the academic (Prof. Oloka-Onyango) to present the body of research that he has been focusing on during his career,” said Prof. Ddumba-Ssentamu.
The Acting Principal-School of Law, Dr. Damalie Naggita Musoke officially introduced Professor Joe Oloka Onyango to the audience. Prof. Oloka-Onyango’s credentials speak of a distinguished career in the Law profession as an academic. He has served the School of Law Makerere University as a Dean in the then Faculty of Law as well as Director of the Human Rights and Peace Centre. He is also an active litigant and human right activist and has served as a Special Rapporteur on Globalization and Human Rights of the United Nations. He has been a visiting Professor at a number of Universities that include the University of Cape Town, Oxford and United Nations University in Tokyo.
He spent his sabbatical 2014/2015 as a Full Bright Professor at George Washington University in the USA and Fellow at the Stellenbosch Institute of Advanced Studies (STIAS) in South Africa.
Professor Oloka Onyango is widely published and some of his most recent publications include; Battling over Human Rights: Twenty Essays on Law, Politics and Governance (Laanga Publishing, 2015); When Courts Do Politics (Cornell University, Debating Love, Politics and Identity in East Africa: The Case of Kenya an d Uganda among others.
With such an admirable profile, Prof. Joe Oloka-Onyango clad in full academic regalia energetically moved from the high table to the Podium to address the captivated audience. Professor Oloka-Onyango paid tribute to his late father, Bernard Onyango who always emphasized that one is proven a Professor only after delivering an inaugural lecture. Prof. Oloka-Onyango acknowledged his parents for setting the standard for excellence in all spheres of life very high. His mother, Mrs. Lucy Onyango attended the inaugural lecture. He also appreciated the constant inspirational support of his wife, Professor Sylvia Tamale, Children Kwame Sobukwe Ayepa and Samora Okech Sanga and his in-laws from the Nkima Clan.
During his presentation on the Ghosts and the Law, Professor Oloka-Onyango explained the various instances when the Law is inflicted with ghostly situations quoting the case of ex parte Matovu as illustrated in the case Uganda v. Commissioner of Prisons, ex parte Matovu, whose case will make 50 years in 2017. He said although dead, ex parte Matovu is still a domineering presence in the law, with effects being felt in all branches of study or practice. He explored the relationship between the law, politics and society and the impact that connection has on the protection of Human Rights, specifically constitutionalism.
In his presentation, Professor Oloka-Onyango explored situations how we get ghosts in the Law, the Political question Doctrine and how it contrasts with Public interest Litigation as a form of change-oriented and socially-conscious lawyering. He said the legislature has continued to concentrate on the Political Question Doctrine and in this way deny the populace their economic, social and cultural rights.
Emphasizing the need to do away with the Ghosts in the Law, Prof. Oloka-Onyango shared powerful quote from Okot p’Bitek, Song of Lawino:
“ The smell of carbolic soap;
Makes me sick;
And the smell of powder
Provokes the ghosts in my head;
It is necessary to fetch a goat;
From my mother’s brother;
The sacrifice over;
The ghost-dance drum must sound;
The ghost be laid;
And my peace restored.”
Prof. Oloka-Onyango mentioned particular cases that further enlightened the audience on how Ugandan law has long been haunted by ghosts.
“All these are the ‘Ghosts of History Past, Present and Future.’ In the arena of Constitutional Law and governance the ghost appears in the form of the Political Question Doctrine (PQD), a concept most associated with the 1966 High Court decision, Uganda v. Commissioner of Prisons, ex parte Matovu,” he said.
“But as with all spiritual beings—such as the Roman God, Janus—there are two sides to the case. In other words, there are not just one but (at least) two ghosts of ex parte Matovu. There is the backward-looking one which supported the extra-constitutional overthrow of government in 1966 and paved the way for military dictatorship, judicial restraint and conservatism. And in the same case, there is its reverse which “jettisoned formalism” to the winds, overruled legal “technicalities,” and underlined the need for the protection of fundamental human rights. The jettisoning formalism decision eventually opened the way to a robust and growing industry of Public Interest Litigation (PIL) in Uganda.”
Fortunately, Prof. Oloka-Onyango provided hope to Ugandans and the world at large when he pointed out that the “good ghost” fought back taking on the form of Public Interest Litigation (PIL) and the quest for democratic constitutionalism.
He shared with the audience the battle between the Political Question Doctrine and Public Interest Litigation that mainly centres around the status of economics, Social and Cultural Rights (ESCRs) and on other issues in which the Judiciary is too timid to directly confront the Executive and Parliament.
“That battle brings the two ghosts of ex parte Matovu into head-on collision, i.e. The one which allows the government to escape all its obligations to ensure that human rights are respected, and the other which underlines the point that the obligation to respect, protect and fulfil human rights also attaches the State,” he said.
Ending his presentation, Prof. Oloka-Onyango remained hopeful that Public Interest Litigation will one day triumph.
“Hopefully, in this battle over destiny, Public Interest Litigation will eventually triumph. That should lead to reconciliation between the two ghosts with the good one of them prevailing over her evil sibling,” he remarked.
Still basking in the spotlight of this academic milestone, Prof. Oloka-Onyango commended the personalities who inspired him to become an academic. He acknowledged Frederick Jjuuko, Deogratius Mabirizi, the Late Richard Kiwanuka (RIP) and George Okoth Obbo who interested him in academic teaching and research.
He made mention of his classmates that included Kenneth Kakuru (now Court of Appeal Justice), Richard Musajja Karyegesa, the late Patrick Karegeya and Donald Nyakairu whom he described as his first intellectual co-travelers.
Commenting on the inaugural lecture presentation, the Vice Chancellor of Makerere University, Professor John Ddumba-Ssentamu agreed with Prof. Oloka-Onyango that we indeed had ghosts in the law.
Prof. Ddumba-Ssentamu noted that the lecture provided an in-depth exploration of the doctrine of the Separation of Powers that is the relationship between the three arms of government, namely, the Executive (the President and Cabinet), the Legislature, and the Judiciary. He observed that Prof. Oloka-Onyango’s study calls for particular attention to the courts of law and their obligations when faced with issues to do with the protection of human rights.
Prof. Ddumba-Ssentamu upheld the fact that the Constitution is the most important legal document of the very many laws, regulations and statutes that we have in Uganda. Thus Prof. Onyango’s lecture underscored the important place in which Constitutional Law should be placed when considering matters to do with governance, human rights and the improved social well-being of Ugandan society.
“I take this opportunity to thank Prof. Onyango for his profound insights and for having greatly educated us on the various aspects of Constitutional Law doctrine. The lecture was a multi-disciplinary intellectual tour covering a wide range of subjects from Literature to Philosophy,” proclaimed the Vice Chancellor amidst applause from the audience.
The inaugural lecture was also graced by members of the Judiciary that included Her Lordship, Prof. Lillian Tibatemwa-Ekirikubinza of the Supreme Court, Justices Kenneth Kakuru and Stephen Egonda-Ntende from Court of Appeal.
“As a teacher and a researcher, I have variously drawn inspiration from colleagues like Mahmood Mamdani, Busingye Kabumba, Sallie Simba Kayunga, Ben Shokoro Twinomugisha, Frederick Egonda-Ntende, J.J. Barya, James Gathii, Celestine Nyamu, among many other’’ said Prof. Oloka-Onyango.
The lecture was organized by the Office of the Vice Chancellor, spearheaded by Dr. Okello Ogwang-the Deputy Vice Chancellor (Academic Affairs), Mr. Alfred Masikye Namoah, The Academic Registrar and the Inaugural Lecture Committee consisting of: Prof. Elly N. Sabiiti-Chairperson, and members that include, Prof. Oswald Ndoleriire, Prof. Ruth Mukama, Prof. David Bakibinga, Prof. H. Oryem-Origa and Prof. Buyinza Mukadasi.
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Article by Mak Public Relations Office and School of Law Communications Office
Dr. James Magara, a futurist and Chairman of Yobel Biashara Initiative stood before an audience at Makerere University on September 30, 2026, and projected a map of the world. It was upside down.
He asked the room if anything was wrong, and as the audience hesitated, he revealed that “in 1569, the Flemish cartographer and geographer whose name was Gerardus Mercator, developed a map now known as the Mercator projection. It represented the curved shape of the Earth on a flat map.” He simplified it saying, the Mercator map accurately shows direction and local shape, but it distorts the size of places, especially those that are located near the poles. He pointed out that the map distorts the size of continents, making Greenland appear as large as Africa, when in reality, Africa is 14 times larger.
Fixing the map was easy and free, it took one vote, Dr Magara said, referencing the recent United Nations resolution that encouraged accurate area projections. Indeed fixing the map was easy but the actual material weight of this continent and its institutions that run within the world economy is why dialogues like this exist. “Until we (Africa) fund our own institutions ourselves, the continental agenda will keep belonging to whoever writes the check.”
This and more were part of Dr. Magara’s opening remarks while delivering a keynote at the YOBEL Biashara Conference 2026 hosted at Makerere University School of Public Health Auditorium.
The event, was co-hosted by the CASTLE Think Tank, YOBEL Biashara, and Makerere University under the theme: “Africa’s Agency in an Era of Geopolitical Change: Trade, Investment and Economic Transformation,” brought together a diverse assembly of policymakers, academics, and private sector leaders.
Representing Dr. Adam Mugume the Chief Guest who could not make it due to unavoidable circumstances, Ms. Doreen Katangaza, a researcher and economist at the Bank of Uganda (BoU) delivered his remarks while reflecting on Dr. Magara’s keynote.
She explained “what agency means in economic policy, is not isolation, it’s not withdrawal, but the capacity to choose, to negotiate, and to act.”
She emphasized that relying on external factors or rhetoric is insufficient for long-term transformation. Instead, she suggests that agency is defined by internal strength and the ability to act independently. As she states, “Africa’s agency will not only be secured by rhetoric. It will be built through capabilities. The capability to produce, the capability to finance development, capability to manage shocks and above all, capability to make choices based on our own long-term interests and people’s priorities.”
Ultimately, Ms. Katangaza aligned with all speakers mobilising for a holistic approach involving government, the private sector, and academia to build these foundations. She noted that the Bank of Uganda is committed to harmonising policies and payment systems to support this, but success depends on whether these ideas translate into tangible outcomes, such as stronger institutions and resilient economies, when stakeholders reconvene in the future.
She concluded by congratulating the YOBEL Biashara Initiative, CASTLE Think Tank, and Makerere University for organizing the forum “a platform for thoughtful discussion about Africa’s economic future.” She thanked all the speakers, all panelists, and participants for their valuable contribution and attention during her communication and entire event.
Cost of Institutional Dependence to the Continent
Dr. Magara’s address was his critique of the continent’s institutional funding. He pointed out that member states currently fund only 24% of the African Union’s own program budget. Charity begins at home, he stated. With 76% out of every dollar the African Union spends coming from partners outside the continent. He argued that this dependency is self-inflicted and fixable.
He advised that if we genuinely want a technology-creating continent, the work has to start in the primary school classroom, not in the university innovation hub. He added, while also highlighting that Africa’s research and development spending sits at 0.4 percent of GDP, far below the world average.
Dr. Magara also addressed the implementation gap that has affected the continent for decades. He suggested that the failure to execute on well-crafted strategies is not just a capacity problem, but a result of selfish interests within. Some people are benefiting from the way things are, he explained. So, if they change, they will lose the benefit.
As a futurist and leadership strategist, Dr. Magara used his keynote address to also dismantle some of the comfortable narratives often repeated in policy circles. He challenged the audience to reconsider the concept of agency, arguing that choice only becomes agency when backed by the capacity to act. He pushed back against the common narrative that Africa’s youth population is automatically a demographic dividend.
A youth bulge without a falling birth rate, without matching job creation is not a dividend, he warned. It is a dependency burden wearing dividends lobbying.
Dr. Magara said, “if you ask any panel anywhere on this continent why Africa has not industrialised, you will get the same three answers almost every single time. Not enough skills, not enough infrastructure, not enough finance. And all of this is true. All of it is real. None of it should be dismissed.” But none of those three answers explains a much stranger fact sitting right in front of us, “why have we been writing almost identical strategy documents, making almost identical recommendations for 30 years plus.”
He urged the room to be honest about the reality of the labor market, noting that every year, between 10 and 12 million Africans enter the labor market, while economies create roughly three million formal jobs. That gap cannot close itself, he stated. And it does not close by wishing it away in a policy document.
Engagement with Dr. Magara’s Keynote
The keynote featured significant engagement, primarily from Professor Pamela Mbabazi, Ms. Allen-Sophia Asiimwe, and Dr. Fred NK Muhumuza, who offered diverse perspectives that somewhat aligned with, and at certain points challenged his arguments.
Professor Pamela Mbabazi, Executive Chairperson of the National Planning Authority (NPA), offered a government perspective on the issues raised. She acknowledged the disconnect between some policy and deep thinking. Siding with Dr. Magara, there is a visible rush into making decisions without having deep thinking and engaging with amazing think tanks like YOBEL, CASTLE, she admitted.
She called for a more intentional approach to policymaking, urging think tanks to collaborate more closely with government bodies like the NPA. She explained that countries like China did not get to where they are by accident, they were intentional to include their think tanks into policy making and no decisions were made haphazardly.
Professor Mbabazi suggested that as a country and continent we can have our think tanks drive policy if we want to build a five-hundred-billion-dollar economy by 2040.
She concluded her submission joining Dr Magara in questioning whether Africa could credibly speak of strategic agency when the institutions through which agency is exercised remain substantially dependent on financing from elsewhere.
Allen Sophia Asiimwe the Deputy CEO/Chief of Programme at trademark Africa addressed the conference via zoom, and expressed she was happy “when Dr. Magara started off with a question on the size of Africa on the map and in reality, it matters.”
However, she challenged some of his assertions on financing. She requested to push back on this very strongly saying “If you look at how Africa is made up, a lot of our countries are still very poor,” arguing that the continent’s economic reality as of now requires external support.
With that said, she shifted the focus from external funding to internal inefficiencies, agreeing that Africa is sabotaging its own growth through non-tariff barriers, noting, “we are self-sabotaging. If we opened up for trade, if we allowed goods to cross the borders, we may actually make a big difference,” Ms. Asiimwe discussed.
Dr. Fred Muhumuza a prominent Ugandan development economist, senior lecturer, and policy advisor also engaged with the views on economic planning and indicators.
He agreed that think tanks are an issue, and that they must be embraced for the better. We must think about our problems, talk about them, and see what sense we make to ourselves.
Dr. Muhumuza questioned the premise that the source of financing is the primary issue, suggesting that the quality of the plan being financed is more critical.
Major General Gregory Mugisha Muntuyera, added his voice to Dr Magara’s arguing that beyond map size, Africa’s development is hindered not by a lack of potential, but by a mindset of dependency. Drawing a contrast to the conditioning of elephants in India mastered by small humans.
The General stated, “we have got the knowledge, we have got the qualifications, but we have been conditioned.”
He emphasized that true progress requires discipline for ” without this nothing is going to happen” regardless of how many conferences are held.
The Cost of a Broken System
Ms. Eseza Mulyagonja, a member of the YOBEL Biashara board, as one of the opening speakers, issued a strong reminder of the urgency required in addressing the continent’s challenges.
Ms. Mulyagonja shared a story so dear to her, of a young boy in a village who died after being bitten by a snake because he was not in school, for his fees were unpaid. She used this to illustrate the human cost of broken systems and advised that we do not have to wait for calamity to strike, since this is a story that is so common.
She said as a continent, we have got to confront these things saying if we do not bring these stories close to home, we will not be propelled to change the direction for the better.
MAKERERE-CASTLE-YOBEL A PARTNERSHIP FOR AFRICA’S TRANSFORMATION
Representing Professor Sarah Ssali, the First Deputy Vice Chancellor in charge of Academic Affairs, Professor Edward Bbaale the Principal College of Business and Management Sciences, emphasised the institution’s commitment to being an active partner in national and continental transformation acknowledging the global economic order is undergoing profound change, characterised by geopolitical realignment and an accelerating energy transition.
“These questions cannot be settled in just one conference. These are conversations that we’re going to have to continue even after here. So once again, I thank our chief guest, our keynote speaker, our discussants, our partners, the organizers, and every one of you who have made this time a meaningful time spent and made meaningful contributions to Africa’s future.
“The important question, therefore, is not simply how Africa will be affected by these changes, but how Africa will shape them”, Professor Bbaale remarked.
Crowning the remarks from the host institution, Makere University Chairperson of Council Dr. Lorna Magara appreciated everyone that was present for this noble conversation.
She said, “I trust that each of us leaves today with at least one idea that we are going to execute for the good of our continent.”
She proposed that the first item on the agenda of the YOBEL Biashara 2027 conference should be looking at the scorecard of what has been done to see that Africa increasingly moves from being a passive recipient of global economic decisions to becoming an active participant in shaping the rules, institutions, and partnerships that determine its development direction.
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