Attorney General Sam Mayanja has advised President Yoweri Museveni that the late King Oyo Nyimba Kabamba Iguru Rukidi IV’s will should be considered in determining who succeeds him as the next King of Tooro.
Mayanja made the recommendation in a three-page legal opinion submitted to President Museveni amid the continuing disagreement surrounding the succession of the late king.
His advice comes shortly after Edward Rukiidi Nyabongo I was enthroned as the new Omukama and began some of the traditional rituals associated with taking over the Tooro throne.
The succession dispute emerged following the death of King Oyo, who passed away at the age of 34 after reigning over Tooro for more than three decades.
According to Mayanja, Uganda’s Constitution, the Institution of Traditional or Cultural Leaders Act, together with the customs and traditions of the Batooro, provide the legal framework for determining succession to a traditional throne.
The Attorney General argued that birth and descent are important considerations in determining succession, particularly where a deceased traditional leader leaves behind a valid will addressing the issue.
Mayanja therefore told Museveni that Oyo’s will should be respected if it is found to be valid and has not been successfully challenged in a court of law.
He referred specifically to a will dated September 14, 2022, in which Oyo reportedly made provisions for who should succeed him if he died.
According to the legal opinion, Oyo stated that if he was survived by a legally recognised biological son, that son would become his heir and successor to the Tooro Kingdom.
However, officials within the Tooro Kingdom have previously indicated that the royal succession committee asked Oyo’s family to present his alleged son or a photograph of him, but the request was reportedly not fulfilled.
The succession committee subsequently moved forward with another option after initially selecting George Desmond Kamurasi as its preferred successor.
Kamurasi reportedly requested additional time to consult his family before proceeding, but the committee did not grant the request and instead selected Edward Rukiidi Nyabongo I.
Nyabongo was later enthroned as Omukama and has since started participating in traditional ceremonies connected to his new position.
Mayanja, however, said Oyo’s will contains an alternative arrangement in case the late king did not have a son who could take over the throne.
He said the document names Prince Komwiswa Omukama of Tooro, Yomeri, son of Omusunga Charles, as the alternative heir and successor if Oyo had no son capable of assuming the responsibilities of the throne.
The Attorney General stressed that the validity of Oyo’s will could be challenged in court, but until such a challenge is successfully made, he believes the document should be followed in determining succession.
Mayanja also addressed the Tooro Kingdom Constitution, which was promulgated in 1999 but later suspended by King Oyo in 2013.
According to the Attorney General, the suspension means the kingdom constitution cannot currently be relied upon as the primary basis for resolving the succession dispute, particularly because a later review of the document had not been completed before Oyo’s death.
Instead, Mayanja relied on Article 246 of Uganda’s Constitution and the Institution of Traditional or Cultural Leaders Act, which recognise traditional leadership and provide for succession in accordance with the customs and traditions of the respective communities.
The Attorney General further stated that disagreements within traditional institutions should first be handled through the relevant councils of elders and cultural leaders, but he acknowledged that the current dispute surrounding Oyo’s will remains unresolved.
Mayanja warned that if the parties cannot reach an agreement through the traditional mechanisms, the matter could ultimately be taken to court for a legal determination.
He also advised that one important Tooro succession ritual involving the throwing of nine coffee beans into the grave of a deceased king should be suspended until the succession dispute is resolved.
The Attorney General explained that the ritual is traditionally performed by the successor and therefore could have implications in the current dispute. He noted that during the burial of Oyo’s father, King Kaboyo, the ceremony was conducted after the successor had already been identified.
Mayanja nevertheless clarified that there was no legal obstacle to the burial of King Oyo and that the burial ceremony could proceed.
His opinion has now added a significant legal dimension to the debate over who should occupy the Tooro throne, leaving the question of succession open until the competing claims are resolved.
