Lawyer Hassan Male Mabirizi on Monday engaged in a heated exchange with Judge Alice Komuhangi of the International Crimes Division of the High Court after she ordered him off the bar.

In legal terminology, a bar is a place reserved for advocates possessing a diploma in legal practice which Mabirizi does not have.

Mabirizi was in court to seek a stay of proceedings in murder charges against Members of Parliament (MPs) Muhammad Ssegirinya and Allan Ssewanyana relating to the 2021 greater Masaka murders.

Mabirizi wants the proceedings in the matter stayed pending the determination of his constitutional petition in which he challenges the constitutionality of parallel proceedings against Ssegirinya and Ssewanyana which he insists would render his petition academic if the trial of the case proceeds in the pendency of his petition.

In his petition, Mabirizi wants the two cases against the MPs joined in one file, arguing that they arise from the same facts and their separation amounts to double jeopardy for the accused persons contrary to the spirit of the Constitution.

It all started when Mabirizi challenged an affidavit filed in court by Wameli and Company Advocates which he argued violated rule 2 of the Advocates (Professional Conduct) Regulations because the deponent allegedly never sought permission from the accused to do so as required under the law.

Mabirizi argued that defence lawyer Geoffrey Turyamusiima who swore the affidavit purportedly lacked authority from accused persons Bulo Wamala, John Mugerwa and Mike Sserwadda.

In reply, the judge ordered Mabirizi to vacate the bar saying, “Mr Mabirizi as you can see you are not robbed, you can get elsewhere to sit but not at the bar.”

Stunned by the judge’s directive, Mabirizi said, “This is a matter I have litigated up to the East African Court of Justice. Nonetheless, this is your court, show me where to sit. But I insist, it is unconstitutional. Can I sit in the window, my lord? My gadgets are here, security, please take your chair, I will stand,” an exasperated Mabirizi said.

Given the development, Turyamusiima asked the court for an adjournment saying, “I was ambushed and I need time to respond.”

Mabirizi was recently released from prison after serving an 18-month sentence imposed on him by High Court Judge Musa Ssekaana over contempt of court.

Meanwhile, Komuhangi directed the parties to file written submissions by April 25. She said she will give her ruling by way of notice to the parties.

Since the MPs were released on bail, the pre-trial has not progressed after their lawyers lodged a constitutional petition contesting the constitutionality of the charges. 

In the case, the MPs together with Bulo Wamala, John Mugerwa, Jackson Kanyike and Mike Sserwadda are charged with the murder of Mugerwa Kizza, Sulaiman Kakooza, attempted murder of Ronald Sebyoto, terrorism and abetting terrorism.

In another case, Ssegirinya and Ssewanyana are charged with the murder of Joseph Bwanika, a resident of Kisekka B village in Lwengo district.

The prosecution alleges that between January and August 2021, the accused and others still at large with intent to intimidate the public for political, religious or economic aims, indiscriminately directly involved themselves in the murder and terror acts in the Masaka region.

The indictment indicates that the accused targeted the Masaka region because it attracts a lot of media attention. 

The two MPs allegedly facilitated their co-accused with cash ranging between sh50,000 to sh100,000 to execute the mission according to the indictment presented in court by the Office of the Directorate of Public Prosecutions (ODPP). 

The indictment indicates that the attacks were aimed at instilling fear in the people and eventually discrediting the government.