Chief Justice accuses ULS leaders of undermining Judiciary independence

KAMPALA - Chief Justice Alfonse Owiny-Dollo has accused the current leadership of the Uganda Law Society (ULS), headed by Isaac Ssemakadde, of undermining the independence of the judiciary instead of guarding it.

At the 8th Benedicto Kiwanuka memorial lecture at the Judiciary headquarters in Kampala on Friday, Owiny-Dollo said it is a pity that the current ULS leadership, which is supposed to defend the judiciary, is the one leading the campaign against it.

“The state has not sought or striven to infringe on our independence. Where is the problem? The problem is that the institution (ULS), which should have been at the forefront of explaining to the justice seekers what takes place in the judiciary, is the one that has declared war on the judiciary,” Owiny-Dollo said.

Owiny-Dollo, without mentioning ULS, added, “We have a body of persons whose leader in his campaign was very clear that he is going to defy the chief justice. I don’t know whether if I leave there will be a rapport. When you talk about an affront to the independence of the judiciary, it is not from the state but it is from my supposedly chief champion that is supposed to defend me.”

Underscoring the importance of having a good working relationship between ULS and the Judiciary, Owiny-Dollo said it is the members of the legal fraternity who are supposed to defend the independence of the judiciary.

While Kiwanuka lost his life in defence of the rule of law, Owiny-Dollo said no chief justice has suffered like him. “I am the most cartooned chief justice and I never take offence,” Owiny-Dollo said. 

However, no member of the current ULS governing council was present at the occasion after they decided to boycott the event, arguing that it is a mockery for the judiciary to commemorate Kiwanuka when it has not lived up to his standards.

The current rift between the Judiciary and ULS followed social media attacks on some members of the judiciary over their decisions. 

In his five-year tenure as the chief justice, Owiny-Dollo said he has never received any phone call from the executive, directing him or pleading with him on how to decide any case, describing such a notion as a mere figment of imagination.

In regard to the killing of Kiwanuka, Owiny-Dollo said it was an affront to the independence of the judiciary.

“We have dwelt on Kiwanuka because he paid the ultimate price, but he was not the only chief justice who suffered this affront. The only difference is that he paid for it with his own life. Apart from me, Benjamin Odoki and Bart Katureebe, all other chief justices never completed their terms. So, when we speak about Kiwanuka, we are speaking about how the top leadership of the judiciary has suffered over the years,” Owiny-Dollo said.

While many hail Kiwanuka for being a courageous man, Owiny-Dollo said he doubts it, arguing that if he were courageous, he would have acted contrary to his conscience given the circumstances of the time.

“I doubt whether he was courageous because if it requires judges to be courageous to render justice, it is a problem. I believe Kiwanuka was a man who stood by his oath. In deciding the Kabaziguruka case, I never required courage to interpret the law,” Owiny-Dollo said.

Owiny-Dollo implored the judicial officers to render justice in accordance with the law without fear or favour and also not bear ill-will against anyone, including those insulting them, saying acting consciously is what distinguishes them from other categories of people.

Besigye case

In regard to the case of the four-time presidential candidate, Dr Kizza Besigye, the chief justice said it will be handled in accordance with the law.

“He is entitled to the application of the rule of law. It won’t be a favour. It will be very dangerous to grant him bail or acquit him because he leads a huge population. It means my peasant mother can suffer because the only people who follow her are her children. Whatever the allegations against him, he is entitled to due process. Leave the courts of judicature to exercise their mandate,” Owiny-Dollo said. 

On the issue of bail raised by ex-ULS president Francis Gimara in his keynote address, Owiny-Dollo said it has been resolved through judicial decisions.

In regard to the case of the four-time presidential candidate, Dr Kizza Besigye, the chief justice said it will be handled in accordance with the law.

“Any accused person has a right to apply for bail, but the discretion to grant it or not lies with the judicial officer. Even on mandatory bail, the discretion is with the judicial officers to determine the terms and conditions of it, and it is thus nonsensical for a lawyer to go out in the market making flimsy arguments,” Owiny-Dollo said.

In what appeared to be a veiled attack on Kampala Lord Mayor Erias Lukwago, Owiny-Dollo said he pities people who are hiring politicians to represent them in court.

“I am the head of the judiciary, and I can tell you that no judge can allocate a case to him or herself. Therefore, if you are not happy with a judge handling your case, ask them to recuse themselves so that they can recuse themselves. Stop dragging judicial officers in the mud,” Owiny-Dollo said.

Kiwanuka was a voice of reason

In his speech read by the Speaker of Parliament Anita Among, President Yoweri Museveni saluted Kiwanuka for his bravery and commitment to the rule of law that resulted in his martyrdom. 

“In the early 1960s, I joined Democratic Party (DP), which he was leading at the time, but he was against the politics of identity, and that is why he defied some of the Mengo leaders at the time. Therefore, he was a voice of reason. It is a great pity that he never saw his fruits, but we never let him down,” Museveni said.

Museveni said Kiwanuka’s legacy is immortal because he sided with the people and opposed what he described as the brutal regime of Idi Amin.

Attorney General Kiryowa Kiwanuka, justice minister Nobert Mao and Gimara underscored the importance of the independence of the judiciary, urging all stakeholders to uphold it.

Who was Kiwanuka

Kiwanuka, the first Ugandan Chief Justice, was abducted from his chambers at the High Court in Kampala on September 21, 1972, and he is believed to have been murdered because he was never seen again to date.

Kiwanuka’s martyrdom is linked to an order for the release of a British national, Daniel Stewart, who had been held incommunicado, which order is believed to have annoyed Amin’s regime and hence his abduction from his chambers at the High Court in Kampala on September 21, 1972, when he was last seen.