The private prosecution accuses Ssemakadde of "insulting the modesty of a woman," an offence under Section 115(3) of the Penal Code Act. The alleged victim is the Director of Public Prosecutions (DPP), Jane Frances Abodo.
The Uganda Law Society president, Isaac Ssemakadde,has asked Buganda Road Chief Magistrate's Court to dismiss a private prosecution case accusing him of insulting the modesty of the Director of Public Prosecutions (DPP), Jane Frances Abodo.
Mr Ssemakadde, through his lawyers, GEM Advocates, has asked Ms Abodo to oppose the private prosecution.
They argued that the case undermines the administration of justice and sets a dangerous precedent for using the courts to settle personal vendettas.
The case, brought by lawyers Joshua Byamazima and Tonny Tumukunde, is scheduled for hearing today, December 4, before Justice Ronald Kayizzi.
The lawyers allege that Ssemakadde made derogatory remarks about the DPP, an offence under Section 115(3) of the Penal Code Act.
"The private prosecution identifies you as the alleged victim in a proposed charge of insulting the modesty of a woman, contrary to Section 115(3) of the Penal Code Act," he said.
Last month, Mr Ssemakadde used language that has been widely condemned as vulgar, while speaking about Ms Abodo's work as a chief public prosecutor.
Key Issues Raised in the Motion
- The proposed offence does not disclose a prima facie case.
- The prosecution lacks the alleged victim's deposition, making the complaint legally insufficient.
- The allegations against Ssemakadde are based on false and misleading claims, including misrepresenting Abodo's role and character.
- The private prosecutors acted in bad faith and failed to involve prosecutorial authorities to ensure impartiality.
DPP Abodo has hardly spoken about the controversial remarks by the ULS leader who has garnered the knack for the conventional under his so-called "radical new bar" campaign.
"The proposed charge is manifestly victim-centred yet the intending private prosecutors have unjustifiably not engaged you for a victim impact deposition," Mr Ssemakadde said.
"It is our considered view that the absence of your victim impact deposition strips the court of jurisdiction to authorise the intended private prosecution."
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Mr Ssemakadde asked Ms Abodo to formally address the court in support of his motion to dismiss the putative complaint on oath and put this matter to rest, arguing that it is baseless and amounts to an abuse of the legal process.
In their application, Mr Ssemakadde's lawyers claim that the private prosecutors failed to obtain a victim impact statement from the DPP, which is crucial for establishing a prima facie case in a victim-centred charge.
They contend that without such a deposition, the court lacks jurisdiction to proceed with the matter under the Magistrates Courts Act.
An implied private right of action, such as sought by lawyers Byamazima and Tumukunde, allows for private individuals to sue to address allegations.
The case has generated significant public interest, with calls from various quarters urging Mr Ssemakadde to apologise to the DPP.
The ULS president, however, has maintained his stance, arguing that the prosecution is an attempt to silence him and tarnish his reputation.
Mr Ssemakadde's legal team also accused the private prosecutors of harbouring personal animosity against their client and acting in bad faith.
They argued that the charges are frivolous, vexatious, and aimed at harassing the ULS president.
The court will determine whether the private prosecution should proceed or be dismissed as requested by Mr Ssemakadde's lawyers.
