Uganda: Chief Justice, Fair Trial Should Be Granted to All

Chief Justice Alfonse Owiny-Dollo's new law year speech is instructive.

"We do not want anybody to make the Judiciary of Uganda an accomplice in denying any person justice. The DPP's (Director of Public Prosecutions) representative, who is here, should stand warned that the trial (of MPs Allan Ssewanyana and Muhammad Ssegirinya) will start soon," the chief justice said last week while opening the new law year 2023 at the High court premises, Kampala.

"I want to announce that in this quarter, the trial of the members of parliament will begin. Let me be clear, let me say this to the state: you are the one who brought these accused persons to court, you made allegations against them, and the law says they are innocent until proven guilty. When the trial begins, and it will be soon, there will be no dilly-dallying; there will be no games," Owiny-Dollo said.

The judiciary has been battling the public perception that it is being controlled by the puppet strings of President Yoweri Museveni. And this, coupled with a few judicial gaffes and the appointment of what are called "cadre judges," has ruined the public's confidence in the rule of law.

Matters are made worse when President Museveni seems to have his way with the judiciary. For instance, when the president opposed the granting of bail to suspects accused of capital offenses, the courts obliged. New bail directives and regulations were made to modify the procedures for granting bail.

Although the chief justice's position on bail is that every accused person has a constitutional right to apply for bail, the conduct of judicial officers, especially those handling politically veiled cases in which President Museveni has a personal interest, has been suspect!

As a result, it is difficult to distinguish the head of the judiciary's statements as a charm offensive designed to restore public trust in his institution or a slip of the tongue that could be interpreted as an admission of the president's strong puppet strings. It is particularly interesting that the chief justice says; "We don't want anybody to make the judiciary of Uganda

an accomplice in denying any person justice!"

He also uses phrases like, "There will be no games!" Is this an admission that the judiciary has sometimes collaborated with the state to deny justice to some people?

Further, the chief justice said he will ask the trial judge not to entertain any nonsense from the state (prosecution). And he wants to travel to Masaka and make the same statements and ensure that their innocence or guilt is determined. And there goes another problem with the chief justice's speech.

Judicial independence is also about being free from the influence, pressure, or threats of colleagues. The judicial officer must decide the matters before him impartially, based on facts and in accordance with the law, without any undue pressure, improper influences, inducements, or interferences, direct or indirect, from anyone or for any reason, among others.

The MPs were accused of being behind the mysterious killings in Masaka. They have been in jail for over two years, and their efforts to secure release through bail have continuously failed.

The chief justice is responsible for ensuring that all people who appear in court are treated fairly and equally, as the law requires.

If the chief justice truly wishes to restore public trust in the judiciary, he must look out for injustices meted out to politicians such as MPs, but also to all individuals. Everyone has the right to a fair and expeditious trial before an independent and impartial court.

Many people who don't deserve to be on remand, are rotting inside prison without trial; this is partly the DPP's problem and partly judicial officers' lack of independence and confidence to determine some matters impartially. We would like to believe that the chief justice meant well and that he will use the MPs' case to revamp the judiciary.

Uganda: Chief Justice, Fair Trial Should Be Granted to All

Sign up for free AllAfrica Newsletters

Success!

Error!

Error!