Uganda: Ssemakadde Challenges Buganda Road Court Summons in High Court

23 January 2025

The summons, issued on January 17, 2025, stem from a complaint filed by ULS members Joshua Byamazima and Tony Tumukunde.

The Uganda Law Society (ULS) president, Isaac Ssemakadde, has petitioned the High Court to overturn summons issued against him by Buganda Road Court Chief Magistrate Ronald Kayizzi on charges of allegedly insulting the modesty of Director of Public Prosecutions (DPP) Jane Frances Abodo.

The summons, issued on January 17, 2025, stem from a complaint filed by ULS members Joshua Byamazima and Tony Tumukunde.

They accused Ssemakadde of making inappropriate statements about Abodo. Magistrate Kayizzi directed Ssemakadde to appear on January 29, 2025, to plead to the charges.

Speaking at the ULS Secretariat in Kampala, Ssemakadde revealed that his lawyers from GEM Advocates had filed a criminal revision application, listing 12 grounds for appeal.

They argue that the magistrate acted unlawfully and lacked jurisdiction in entertaining the complaint, drafting charges, and issuing the summons.

Court documents reveal that Ssemakadde's lawyers claim the complaint was defective and lacked merit.

They argue that Magistrate Kayizzi wrongfully dismissed Ssemakadde's request to cross-examine Byamazima and failed to uphold the duty of candour.

They allege that the complainants previously pursued a civil suit against Ssemakadde after he expelled Attorney General Kiryowa Kiwanuka and his representatives from the ULS Council, citing undue interference.

The lawyers further contend that Magistrate Kayizzi misapplied legal standards under the Magistrates Courts Act and the Electronic Transactions Act when considering the evidence.

They also argue that the prima facie case was wrongly determined, ignoring constitutional protections and the context of Ssemakadde's statements.

Ssemakadde's legal team is seeking the High Court to quash the Buganda Road Court rulings, dismiss the complaint, and award costs and compensation.

Alternatively, they are requesting a stay of prosecution, arguing it constitutes an abuse of judicial process.

The case has been assigned to High Court Judge Paul Gadenya Wolimbwa.

Ssemakadde, addressing concerns over his safety, said the case was a tactic to intimidate him but vowed to persevere.

Lawyer Derrick Bazekuketta from GEM Advocates leads his defense. Ssemakadde condemned the "weaponization of the judiciary" and called for the rule of law to prevail.

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