Why Magufuli administration misses the point on Government splurge

But the rest of his decisions were God fearing

It explains why LHRC penned down a tome to celebrate the life and times of Hon. Judge James Mwalusanya

Despite the LHRC building being eponymous to the late Justice Lugakingira but it had to be Judge James Mwalusanya to take their attention to jot down his righteousness sitting in the High Court

The obvious question becomes why he was never promoted to the Court of Appeal?

The real reason he feared no man but his God!

He respected no man but His God

As a disclaimer in humour am not saying all members of the judiciary are men not God fearing but that be far from me

But making wrong judgements not a disqualification to sit in the appeals court

Even the late justice Lugakingira though highly gifted with an exceptional legal mind was not above reproach

As much as his judicial friends in the appeals court embellished him in their AG vs Mtikila wagombea binafsi decision with deservedly accolades as one of distinguished members to ever graced the highest court of land but he was human too

Paradoxically, it is in his high court decision which the appeals court praised him, he also floundered

Part of Rev. Mtikila assault to the articles of constitution depriving us with independent candidates

Then then high court judge Lugakingira made some awful findings

Just to cite one he ruled lack of statutes to support the doctrine of separation of powers rendered that constitutional imperative devoid of judicial redress

For reasons which remain unclear Rev. Mtikila never appealed against this wrongfully finding

The problem is the constitution is the highest law in theland

Lacking of supportive statutes in no way revoke what is entailed in the mother law

I understand that our constitution is an undercurrent of rights given by one hand only to be stolen by another

Perhaps, the complexity of contrasting and contradictory nature and extent of our constitutional setup may have prompted the then learned judge to dodge the bullet

Had he ruled in favour of Rev. Mtikila on the critical issue of doctrine of separation of power it is anybody guess he would have ascended to the highest summit of our judiciary