During this year’s opening of the New Law Year, the Chief Justice Alfonse Owiny-Dollo found himself in the middle of a battle of egos with the President of the Uganda law Society. The Chief Justice publicly criticized Isaac Sssemakadde for what he called unethical behaviour, public insults, and attempts to tarnish the Judiciary’s reputation. Owiny-Dollo warned that individuals attacking judicial officers would bear the consequences of their actions.
What appeared like a mere threat was followed by the decision of Justice Musa Ssekaana which condemned Isaac Sssemakadde to two years in prison for contempt of court when he made what was termed as scandalous and derogatory statements about the judiciary on his social media platform. This decision was followed by another from Buganda Road Court after several attempts to compel Isaac Sssemakadde to appear before the Chief Magistrate to answer charges of insulting Lady Justice Jane Frances Abodo the current Director of Public Prosecution.
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Unlike the previous instances where the Director of Public Prosecution would quickly apply to take over cases filed by private individuals, this time round, Ssemakadde’s friends turned enemies Joshua Byamazima and Tonny Tumukunde were given a green light to continue with the private prosecution and are determined to use the judiciary to “prosecute” a man that has found himself in between the premolar teeth of the very system that he wanted to put in check.
When Ssemakadde took over office, he took several drastic decisions including expelling the Attorney General from being a decision maker of the Uganda Law Society and also raised a flag against the representative of the Uganda law Society at the Judicial Service Commission whose mandate had expired but continued serving. He also took a swipe at some government agencies that were in his view wanting in the manner in which they were executing their mandate.
Whereas that was part of Ssemakadde duty as head of the society, some saw his approach as being too radical. So when a Chief Justice says individuals attacking judicial officers would bear the consequences of their actions, it is hard to tell whether the current International warrant of arrest is not one of the threatened actions aimed at clipping and gagging Ssemakadde.
In his remarks, Chief Justice clearly condemned what he termed as “vulgar, primitive assaults” on the Judiciary, stating that criticism is acceptable but abuse will not be tolerated. “Someone abuses you, makes you feel stupid, and then comes to your house expecting business as usual,” he said. “People think they have greatness in attacking instead of criticising. The leadership of the Uganda Law Society is trying to drag judicial officers through the mud”.
He demanded an apology to the Judiciary, particularly for Justice Musa Ssekaana, whom he claimed had been unfairly targeted. Isaac Ssemakadde himself had made it clear not apologize asserting his freedom of expression. Sadly, it is the same Justice Musa Sekaana who heard and determined the issue of contempt of court where he was a victim and a witness. Matter are made worse that Sekaana has been elevated to the court of appeal where Ssemakadde would have run to stay execution and or to appeal, it’s a rock and a hard place for the ULS President.
In a country like Uganda where individuals can gang against somebody to impress another, it was only wise that Sssemakadde took a sabbatical escape more less like a fugitive which action has angered those thirsty for his blood. All they want is to have Ssemakadde in prison and then make attempts to dislodge him from office. It is a battle of egos at play and it appears we know the looser in this game even in the face of the Chief magistrate’s order to Interpol, to arrest Isaac Ssemakadde and bring him to face what is now being treated as an injustice.
I do not know what evidence was presented in court to justify the warrant but nobody seems to know whether or not Ssemakadde is in the country or across the borders. The fact that his whereabouts are unknown at the moment does not mean he is not in the country given our porous borders. The Magistrate averred in his decision that he was satisfied that Ssemakadde is on the run outside the country and hence ordered Interpol to arrest him on sight.
I am an ardent believer in radicalism but I also know that there are limits to everything but I do not believe Ssemakadde should be placed on a wanted list for such a small offence. His absence does not amount to contumacy to warrant such a harsh order of international nature. Besides, Uganda’s Extradition Act is also mindful that some overzealous persons can obtain warrants that are impossible to implement or that are not worth implementing especially for countries like Uganda with a very bad international record on human rights abuses.
Even the court itself is empowered to reject an application for an International warrant of arrest where the subject matter is trivial in nature or where the application for the return of the prisoner is not being made in good faith in the interests of justice or otherwise. In the instant case, the person who should have been offended most as far as the main issue is concerned in Justice Abodo who is simply not bothered but is going about her business, who is fighting for her?.
That being the case, who are these silent but active individual baying for the blood of a young man keen to add a brick in the development of systems in his country, who is the sole beneficiary in having Sssemakadde arrested and sent to prison, whose ego is being massaged with this push, who is driving the prosecutors to act the way they have done save for settling personal scores.
Before obtaining the order on March 19th, the prosecuting duo found no difficulties in convincing Court that it had become practically impossible to arrest Ssemakadde on grounds that he was on the run having sneaked out of the Uganda through Rwanda. They were able to assure court that all past summons requiring Semakaddde to appear in court were ignored while the latest warrant of arrest had been served on him personally and through his lawyers who did not appear in court.
The prosecutors however did not explain whether or not those lawyers served still had instructions or had ceased representing Ssemakadde. Secondly, I am not so sure if there was an affidavit on file from the Inspector General of Police or any other Police officer saying they had failed to trace or locate or arrest Ssemakadde which affidavit would have confirmed that the police had verified from the Directorate of Immigration that indeed Ssemakadde had exited the country and there was no evidence of his return before the hearing date.
Countries all over the world have undertakings to extradite suspects accused or convicts or specific offences and will only do so if the pending order is not politically motivated. Many are only comfortable implementing arrest warrants especially from the international criminal court for individuals accused of committing international crimes such as war crimes, genocide and or crimes against humanity. These warrants depend on the member countries and their level of cooperation in the arrest and surrender of the accused individuals.
Indeed Ssemakadde is challenging all arrest warrants issued against him asserting that they are unjustified and politically motivated. A petition is gathering dust before the High Court, seeking cancellation of the orders issued by Buganda Road Chief Magistrates Court in Criminal Case No. 913 of 2024. Ssemakadde insists that there is an application for revision pending before High Court and thus the warrant issued by Buganda Road Chief Magistrates Court was unwarranted as it would render his application nugatory. To Ssemakadde, the warrant violates his freedom of movement, and international law standards for issuing warrants.
In the petition to the High Court, Ssemakadde, through his lawyers, Gem Advocates, argued that the lower court (Buganda Road Chief Magistrates Court) unjustifiably declined to stay the impugned proceedings pending revision. To Ssemakadde, that denial severely jeopardized his liberty and right to a fair hearing.
Ssemakadde say his lawyers will engage Interpol’s Commission for the Control of Interpol’s Files to remove any red notice against him from the Interpol system. Let us not forget that Interpol does not have the power to enforce arrests, however, its notices alert law enforcement agencies worldwide to detain wanted individuals upon entry into any jurisdiction that cooperates with Uganda. If Ssemakadde is in a country that recognises Interpol Red Notices and has an extradition agreement with Uganda, he risks being detained and deported to face charges.
Wadada Rogers is a commentator on political, legal and social issues. wadroger@yahoo.ca
