Law society president’s jail sentence sparks outrage

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High Court Judge, Musa Ssekaana, has sparked controversy after sentencing Uganda Law Society (ULS) president, Isaac Ssemakadde, to a two-year jail term for allegedly insulting him.

A 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 page.

The ruling was made despite a ULS request for the judge to recuse himself from the case involving Mugisha and ULS, citing concerns of bias exhibited during the hearing.

In a letter dated December 23, 2024, ULS argued that the judge’s continued involvement would undermine their right to a fair hearing, as guaranteed by Article 28 (1) of the Constitution.

Reacting to the ruling, lawyer Jude Byamukama, said: “This is a scandal because judicial power is being abused.”

Lawyer Elias Luyimbazi Nalukoola said that if a matter is filed in respect to a judge, they should disqualify themselves from the case.

“Was that a fair trial? Is it not the same judge in whose respect the matter was filed? You cannot be a judge in your own case,” he said.

 Nalukoola argued that it is abuse of judicial power, contravening Article 28 of the Constitution, which guarantees a fair hearing.

Lawyer Henry Byansi said a judge should not have presided over a case in which they are the victim.

Byansi emphasized that the principle of fair hearing dictates that the judge should have receded from the matter and allowed another judge to handle it.

'Security risk'

Justice Ssekaana has ordered for the arrest and imprisonment of Ssemakadde for publishing derogatory remarks and sentiments on social media platform X against him.

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

In his ruling dated February 14, 2025, Ssekaana said Ssemakadde’s attacks on him as the presiding judge to show his frustration and disgust over the decision he made in Miscellaneous Application No.1243 of 2024 which was unfavourable to him and other respondents in that matter was clearly an affront to the impartiality of the judge and to the judiciary as an institution.

The ruling stems from an application filed by lawyer Mugisha asking Ssekaana to issue an order for the arrest of Ssemakadde and detained in civil prison for contempt.

Justifying his decision, Ssekaana said Ssemakadde scandalized the court by his utterances, statements (tweets) and letters.

The judge said the threat to judicial independence through personal attacks on the judicial officers and peddling of disinformation and false information about judicial officers and decisions of court amplified by social media must be checked.

“Threatening statements like what the respondent tweeted are extremely inappropriate and they are dangerous to the rule of law and ought to be punished. The statements of the respondent have emboldened other members of the public who are now extending threats of sharing judicial officers telephone contacts and or residential addresses which poses a security risk."

Ssekaana said the alleged tweets by the ULS president are allegedly intended to destroy the judicial system with systematic attacks on every judicial officer who handles any of the matters in which he is interested.

“The respondent must draw a distinction between criticism of court decisions (which is healthy, warranted and welcome) from personal attacks addressed to judicial officers as a result of their work."

The judge said inciting the public against the Judiciary or a judicial officer after a decision is rendered should never be appreciated as a criticism but rather an attack intended to intimidate the judicial officer or create fear in order to secure a favourable decision in the future or on appeal.

“The respondent [Ssemakadde] knows the available channels to use in order to address his personal grievances about the incompetence or misconduct of any judicial officers. He does not need to first make public announcements and or solicit for support or rally the public in his attention-seeking style to address the alleged ills in Judiciary because he is ‘banging the table',” said Ssekaana.

The judge said Ssemakadde, like any other citizen, has a right to criticize the work of the Judiciary but they should be mindful that the intemperance in their statements or personal attacks when it comes to judicial officers may prompt dangerous reactions by others.

During the opening of the New Law Year 2025, Chief Justice Alfonse Owiny-Dollo also blasted Ssemakadde over the allegations and he advised him to apologize to Ssekaana, warning that he would swing into action if he declined to do so. 

Ssemakadde walked out of the function in protest.