But to Ssentumbwe, this kind of conduct by Ssekaana raises serious concerns about judicial propriety and violates Articles 2 [Supremacy of Constitution], 126(1) [Exercise of judicial power], and 128(2) [Non-interference in judicial processes] of the Constitution.
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A member of Uganda Law Society -ULS has petitioned the Constitutional Court in Kampala accusing Chief Justice Alfonse Owiny-Dollo Chigamoy, Justice Musa Ssekaana, and the Attorney General of violation of fundamental rights for his leader Isaac Ssemakadde the ULS President.
In his petition filed on Friday, Lawyer Yasin Ssentumbwe Munagomba has listed Owiny-Dollo, Ssekaana and the Attorney General as the only respondents to his case which he indicates arises from their alleged conduct towards Ssemakadde which has resulted in a breach of various provisions of the Constitution.
Specifically, the petition alleges that the Chief Justice issued an ultimatum that Ssemakadde, must apologize for criticizing Justice Ssekaana and other judges or face adverse consequences.
This act is said to be inconsistent with and in contravention of Articles 29(1)(a) , 42 , and 128(1) of the Constitution.
The evidence submitted before the Court by Ssentumbwe indicates that the Chief Justice publicly declared that the ULS President must immediately apologize to Justice Ssekaana or face adverse consequences in various matters before the courts. This act, Ssentumbwe contends amounts to blackmail, judicial harassment, abuse of judicial power, and abuse of office, and is inconsistent with and in contravention of Articles 28(1) & 44(c) , 42 , 126(1) , and 128(1) of the Constitution.
The petitioner further alleges that Justice Ssekaana disregarded his history of personal conflict and ongoing legal actions against the ULS President Ssemakadde, including two police complaints, a private prosecution taken over by the DPP, and a Law Council complaint, while continuing to preside over lawsuits involving the ULS President and his exercise of executive authority.
This , Ssentumbwe alleges that violate Articles 28(1) & 44(c) , 126(1) , and 128(1) of the Constitution.
Additionally, the petition alleges that Justice Ssekaana commenced hearing a matter regarding his disputes with the ULS President in the High Court, despite having been appointed as Justice of the Court of Appeal.
The records before the Court indicate that on Monday this week, Justice Ssekaana presided over a case filed by Lawyer Hashim Mugisha Mugisha in which he (Hashim) wants Ssemakadde to be found in contempt of Court and fined 300 million shillings and also to be sent to Luzira Prison as a consequence.
Ssekaana indicated that he would decide on this matter before February 28th 2025 which stems from the alleged abusive statements made by Ssemakadde when the Judge issued an order halting the Extra Ordinary Annual General Meeting for Uganda Law Society-ULS in which among others, the bar was prepared to elect it's representatives to the Judicial Service Commission.
But to Ssentumbwe, this kind of conduct by Ssekaana raises serious concerns about judicial propriety and violates Articles 2 , 126(1) , and 128(2) [Non-interference in judicial processes] of the Constitution.
"The act of the 2nd respondent(Ssekaana) following his appointment as Justice of Court ofAppeal and parliamentary approval, in abandoning all cause-listed matters on Monday, February 10, 2025, except for the one concerning his dispute with the ULS President, demonstrates inappropriate prioritization and bias in violation of Articles 28( 1 ) , 126(1 ) & (2) , and 42 ", reads the matter.
The petition alleges that Justice Ssekaana failed to recuse himself in all matters concerning his disputes with the ULS President, where he is an aggrieved party which amounts to abuse of power and the independence of Judicial officers.
On the other hand, the Petitioner contends that the acts of Chief Justice Owiny-Dollo of de-platforming Ssemakadde from the speaking program at the opening of the New Law Year 2025 on the ground that the Court is 'their home" and that one cannot criticize people (meaning courts and judicial officers) in their home and expect to be listened to is draconian, a monumental violation of the principles of open justice and accountability and also unconditional.
"The abuse of the 1st respondent's platform as head of the judiciary to stifle dissent and threaten people especially lawyers and other court users who are referred to as "justice seekers" is inconsistent with and in contravention of democratic principles and the role of the judiciary in a constitutional democracy, violating Articles 20 , 29(1)(a) &3(2c) , 1 26( 1 ) & (2) , and133(1 b) ", says Ssentumbwe in the petition
The petition seeks a declaration that the actions of Chief Justice Owiny-Dollo, Musa Ssekaana and the Attorney General are inconsistent with and in contravention of various provisions of the Constitution. It also seeks a permanent injunction restraining the respondents from continuing a campaign of judicial harassment, bias, and reprisals against the ULS and its President.
Furthermore, the petition seeks an order nullifying any judicial or administrative instruments or orders made by the respondents or their agents/servants in connection with the matters raised in the petition. It also seeks an order of permanent stay of any proceedings (civil, criminal, or disciplinary) involving/concerning statements allegedly made by the ULS President about Justice Ssekaana.
Ssemakadde faces charges of insulting the modesty of a woman after he reportedly uttered statements crafted in vulgarity abusing the Director of Public Prosecutions Jane Frances Abodo. In this particular matter, Buganda Road Chief Magistrates Court gave him the last chance being February 24th 2025, to appear in court and take a plea or else be issued with a warrant of arrest .
The Petitioner seeks a declaration that courts and judicial officers can be critiqued as any other public body. It also seeks a declaration that the offence of scandalizing the judiciary is unconstitutional.
Further, Ssentumbwe is seeking an order that Owiny-Dollo and Ssekaana should exercise judicial temperament and not allow their emotions to cloud their execution of official duties as judicial officers.
Ssentumbwe now wants the Constitutional Court to declare that the motivated appetite by the Chief Justice to demand an apology from Ssemakadde is unconstitutional.
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The controversy surrounding the Uganda Law Society and the Judiciary began in January 2022 when High Court Judge Ssekaana found lawyer Male Mabirizi in contempt of court and ordered him to pay a fine of 300 million shillings.
Ssekaana who has since been promoted to the Constitutional Court, later jailed Mabirizi for 18 months in prison after he had continuously continued to abuse him and other Judicial Officers.
Following this, Ssemakadde, then attacked Ssekaana on social media using vulgar language criticizing his decision, an issue that Owiny-Dollo said was the gravest thing he has seen in his tenure as the Chief Justice.
Last week, the Chief Justice warned that if the ULS Executive leadership does not apologize, he would take action against them, vowing that this was not just a threat, but he would take action.
The Chief Justice, Justice Ssekaana and the Attorney General the respondents to the petition are yet to file a response to the allegations before the matter can be fixed for hearing before a Panel of Five Constitutional Court Justices.
This is not the first time that Chief Justice Owiny-Dollo has been sued.
A few years ago, Supreme Court Justice Dr Esther Kisaakye sued the Chief Justice following disagreements from her dissenting decision in the Presidential Election Petition filed by Robert Kyagulanyi commonly known as Bobi Wine.
The petition which alleged among others that Owiny-Dollo had refused to allocate work to Kisaakye, rendering her jobless has since stalled before the Constitutional Court.
