The Babiito royal clan of Tooro has rejected the Attorney General’s legal opinion on the succession of the late King Oyo Nyimba, arguing that the advice was addressed to President Yoweri Museveni and not directly to the clan.
The Attorney General, Dr Sam Mayanja, in a three-page legal opinion dated September 12 and addressed to Museveni, advised that Oyo’s purported will should be respected, arguing that its validity could only be challenged in a court of law.
Oyo died on August 27, aged 34, while receiving treatment in the United States and was buried on September 12 at the Karambi Royal Tombs in Fort Portal.
However, Fr Charles Oyo, spokesperson for the Babiito royal clan, said the clan was not bound by the opinion because it was not the intended recipient.
“Since it was written to the President and he is the one who sought that opinion, it’s incumbent upon him to administer that legal opinion,” Fr Oyo said.
He said Museveni could choose to implement the recommendations or use the opinion to guide his handling of the succession dispute.
The Attorney General’s opinion also questioned the legal mandate of the 21-member committee constituted by the Babiito to select Oyo’s successor, arguing that the committee did not have the legal mandate to appoint a traditional or cultural leader.
The opinion cited Article 246 of the Constitution, which recognises traditional or cultural leaders established in accordance with the culture, customs and traditions or the wishes and aspirations of the people to whom they apply.
Babiito stand by Kijanangoma
Fr Oyo, however, said the Babiito did not consider themselves party to a succession dispute.
“As the Babiito clan, we have no dispute. We are not disputing anything. So whoever is disputing us and the committee’s decision is the one who that guidance should address,” he said.
He maintained that the 21-member committee was established in accordance with Tooro customs and traditions to oversee the succession process following Oyo’s death. The committee subsequently selected and announced Prince Edward Rukidi Kijanangoma as Oyo’s successor.
Members of the royal family, including Queen Mother Best Kemigisa, Princess Ruth Komuntale Nsemere and Princess Elizabeth Bagaya, have since rejected the selection.
The royal family maintains that Oyo left a will providing for his son to succeed him if he had a legally recognised son. The purported will also identifies Yoweri Komwiswa and Solomon Nyaika, both sons of Musuuga Charles Kamurasi, as alternative heirs if Oyo’s son is incapacitated or unable to assume the throne.
Dispute over Oyo’s alleged son
Fr Oyo said the Babiito were informed at the beginning of the succession discussions that the late king had left a will. However, he said the clan was not shown the child referred to in the document or given information about his whereabouts.
This, he said, created uncertainty over whether the child existed and whether he was available to assume the throne.
Fr Oyo said the Babiito consequently considered the two other individuals named in the purported will but ruled them out on cultural grounds because their father, Musuuga Charles Kamurasi, is still alive.
“In the Tooro culture, a king can’t have a living father. These are sons of Musuuga, and he is still alive. So they can’t be kings,” he said.
He added that the Babiito expected Oyo’s alleged son to be presented during the late king’s burial on September 12, but this did not happen.
Burial rituals
Fr Oyo also confirmed that traditional rituals associated with the burial of a Tooro king were performed at the Karambi Royal Tombs.
He said nine coffee beans were thrown into Oyo’s grave, a ritual traditionally performed by the successor as part of affirming his succession to the throne.