Court directs Interpol to arrest ULS chief Ssemakadde

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Court has directed the International Criminal Police Organisation (Interpol) to arrest Uganda Law Society (ULS) president Isaac Ssemakadde from whichever country he is hiding and bring him back to face trial on charges of insulting Director of Public Prosecutions Jane Frances Abodo.

The order for a Red Notice was prompted by lawyers Tony Tumukunde and Joshua Byamazima, who applied to court for an international warrant of arrest to be effected by Interpol to arrest Ssemakadde, who is currently abroad, over failure to turn up in court to answer the charge of insulting the modesty of a woman.

Director of Public Prosecutions Jane Frances Abodo. (File)

Tumukunde told Buganda Road Court presided over by Chief Magistrate Ronald Kayizzi that when the court issued a warrant of arrest against Ssemakadde last month, they served him through his lawyers of GEM Advocates.

The court heard that the lawyers, who are instituting private prosecution against Ssemakadde for insulting Abodo, also served Inspector General of Police Abbas Byakagaba in vain.

The court agreed with the lawyers and ordered Interpol to arrest Ssemakadde and bring him before the court on April 16, 2025 to answer charges without fail.

The charges stem from a viral video clip showing Ssemakadde using derogatory remarks against Abodo during a public symposium in Kampala on November 18, 2024. The offence violates Section 115(3) of the Penal Code Act, which, upon conviction, carries a maximum penalty of one year’s imprisonment or a court-determined fine.

Ssemakadde challenges warrant

However, in rebuttal, Ssemakadde in a statement issued on March 19, said: I am challenging all arrest warrants issued against me, as they are unjustified and politically motivated. A petition is currently before the High Court, seeking cancellation of the orders issued by Buganda Road Chief Magistrates Court in Criminal Case No. 913 of 2924.

"As the High Court is aware of the revision proceedings, the warrant issued today by Buganda Road Chief Magistrates Court is unwarranted. This violates my right to freedom of expression, freedom of movement, and international law standards for issuing warrants," he said. 

According to Ssemakadde, 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.

However, debates over whether Interpol can enforce such an order as Red Notices typically target crimes like murder, terrorism, or major fraud, not verbal insults alone. It is also not a must that Interpol will follow suit in issuing a Red Notice against the ULS president if it reviews the request and finds that it does not fall in its jurisdiction.

The case

On November 22, 2024, Byamazima and Tumukunde filed a complaint on oath and an affidavit in support therefore seeking summons against Ssemakadde to appear and plead to the proposed charge of insulting the modesty of a woman contrary to Section 115 (3) of the Penal Code Act.

The two Private Prosecutors allege that on November 18, 2024, while addressing the members of the People's Freedom Front (PFF) party at a "symposium on the state of the Rule of Law, Constitutionalism and Human Rights: The Kisumu 36 Tales" held at Katonga Road in Kampala Central, Kampala District; Ssemakadde uttered obscene and indecent words aganist the DPP.

High Court

This comes at a time when Justice Musa Ssekaana sentenced Ssemakadde to a two-year jail term for allegedly insulting him in absentia over contempt of court.

Isaac Ssemakadde and Musa Ssekaana. Justice Musa Ssekaana sentenced Ssemakadde to a two-year jail term for allegedly insulting him in absentia over contempt of court. (File)

The contempt of court application was filed by Lawyer Mugisha Hashim Mugisha, who claimed Ssemakadde published derogatory remarks against the judge [Ssekaana] on his social media handles.

Ssekaana has ordered for the arrest and imprisonment of Uganda Law Society president Isaac Ssemakadde for publishing derogatory remarks and sentiments on his social media handle X [formerly twitter] against him.

“Ssemakadde should be arrested and imprisoned for a period of two years. The costs shall be in the cause,” the judge ordered.