Mabirizi accuses Justice Ssekaana of misconduct and incompetence. This stems from the manner in which he handled a case challenging the appointment of Justice Simon Byabakama as the chairman of the Electoral Commission without resigning as a Justice of the Court of Appeal.
City Lawyer Male Mabirizi has petitioned the Judicial Service
Commission seeking an order to remove Civil Division Judge Musa Ssekaana from
the Office of the Judge due to alleged misconduct.
Mabirizi accuses Justice Ssekaana of misconduct and incompetence. This stems from the manner in which he handled a case challenging the appointment of Justice Simon Byabakama as the chairman of the Electoral Commission without resigning as a Justice of the
Court of Appeal.
The case which Mabirizi had filed in August 2019 was dismissed last week on grounds that it was supposed to be filed within the first three months of Byabakama's appointment as EC chief.
However, Mabirizi contends that on December 17, 2019, during
the hearing of the said case, Justice Ssekaana said multiple times thatMabirizi
was submitting rubbish before him and later threatened to throw him out of court and send him to prison.
The lawyer wanted Ssekaana to rescue himself from the case against Byabakama because he was reportedly not going to deliver Justice since
he had previously worked as a lawyer of
the Electoral Commission. Ssekaana
represented the Electoral Commission in a case challenging the nomination of Dr Kizza Besigye in 2006
the presidential race, among other cases.
Mabirizi adds that on January 21, 2020,
Ssekaana made a ruling in which he refused to recuse himself from the matter
having admitted that he worked for Electoral Commission as an external lawyer since 2001.
"The same Judge has remained to practise law in his law
firm of Ssekaana Associated Advocates where he frequents its office,"
reads the Petition in part. Now Mabirizi argues that the above conduct does not only
amount to misconduct and incompetence but also Judicial Fraud and Justice Ssekaana
must hence be removed.
//Cue in; “I’m requesting Judicial…
Cue out…appear before him.”//
The Judicial Service Commission has acknowledged receipt of the petition in question. Justice Ssekaana who was appointed a High Court Judge in 2018 has since ruled that he took a Judicial
Oath to be independent and no one can ever influence his court decisions.