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Order given on Friday night by the Civil Division Judge Musa Ssekaana
Kampala, Uganda | THE INDEPENDENT | The High Court in Kampala has blocked the Uganda Law Society Extra Ordinary Annual General Meeting and subsequent elections that were slated for December 17, 2024.
The order given on Friday night by the Civil Division Judge Musa Ssekaana arises from an application filed by one of the aggrieved members of the Uganda Law Society-ULS, Hashim Mugisha Mugisha challenging the legality of the meeting and manner in which the posts that were to be filled fell vacant.
In his application, Mugisha Mugisha listed ULS and seven other lawyers majority of whom wanted the EGM to continue as the respondents and two others Phillip Munaabi and Geoffrey Turyamusiima the suspended Secretary of ULS Council and Central Region representative respectively.
The others lawyers listed were: Eddie Nangulu, Steven Kalali, Denis Kusasira, Elison Karuhanga, Professor Christopher Mbazira and Milton Ocen who have been doing campaigns and wanted to stand for various electives positions.
The decision comes after an application was filed by Hashim Mugisha Mugisha, seeking to halt the elections due to alleged irregularities. According to court documents, Mugisha Mugisha sued ULS, Eddy Nangulu the Interim Secretary for the ULS Council and Phillip Munaabi the Suspended Secretary.
Mugisha Mugisha in his application sought several declarations and orders, including a declaration that the decision to expel Isaac K. Ssemakadde and Asiimwe Anthony as President and Vice President of ULS by Munaabi was illegal. Mugisha also sought an order of certiorari (a court process seeking to review a decision of a lower court or a government agency) to quash the decision suspending Munaabi and Geoffrey Turyamusiima from the ULS Council by Ssemakadde saying it was equally illegal.
Additionally, he is seeking a declaration that the meeting and decisions of the ULS Council dated November 24, 2024, were unlawful, irregular, and procedurally improper. The dispute has brought to the fore the internal conflicts within ULS, with some members accusing the society’s leadership of acting ultra vires and in contravention of the ULS Council Charter.
Mugisha Mugisha in his application, contends that he is an advocate of the High Court of Uganda and a duly paid-up and subscribed member of ULS, with sufficient interest in the management and running of its affairs.
He argues that the decisions made by the ULS Council were ultra vires, procedurally improper, and illegal. However, the opposing lawyers led by Steven Kalali argued that Mugisha Mugisha’s matter is an attempt to block the Extraordinary General Meeting scheduled for December 16, 2024.
Kalali claimed that the meeting has been scheduled to comply with a court decision in Miscellaneous Cause No.129 of 2024 Kalali vs ULS. He also stated that nominations for the election of the Society’s Representatives to the Judicial Service Commission have been conducted, and candidates have paid nomination fees of Two Million Shillings each.
“I have read and understood the pleadings filed in Miscellaneous Cause No.263 of 2024 and the Applications thereunder. This matter is filed to prevent the holding of the Society’s Extraordinary General Meeting on 17th December 2024 on spurious grounds” Kalali told Court.
The opposing lawyers and those in support of the decision stated that the Uganda Law Society Act does not require that notices for members of the Society be strictly and specifically signed by the Secretary. Meetings are convened by the Council.
“I am also aware that a fraudulent document issued by the Society’s renegade and suspended Secretary, Phillip Munaabi, purporting to expel the President and Vice President had no legal or practical effect at all,” adds the affidavit.
He said that the orders sought are therefore largely cosmetic except for the orders calculated to block the conduct of the Extraordinary General Meeting scheduled for 17th December 2024 and to aid and benefit Phillip Munaabi.
However in his decision, Justice Ssekaana has granted a temporary injunction, restraining the ULS from implementing a Council decision made on November 24, 2024.
Additionally, the court has blocked the ULS from convening an Extraordinary General Meeting, or any subsequent meeting, until the main cause is determined.
In his ruling, Justice Ssekaana emphasized that the court must keep in mind the principles of justice and fair play. He noted that the applicants had shown that the balance of convenience lies in maintaining the status quo, as the Extraordinary General Meeting was intended to perpetuate alleged illegalities.
Justice Ssekaana also observed that the damage caused by the suspension of Munaabi and representative of the Central Region is serious and material. He ruled that restoring the previous status quo is the only solution to adequately address the issues and remove the impasse in the conduct of council affairs.
Furthermore, the court has issued mandatory injunctions, restoring Munaabi as Secretary and Council member of the ULS, as well as restoring Turyamusiima as Council member.
He said these orders will remain in effect until the final disposal of the main cause.
The Chief Justice Alfonse Owiny-Dollo on November 27th 2024 gave all the courts across the country permission to adjourn all matters where lawyers are involved in order for them to participate in the General meeting which has been blocked.
The ULS Council led by President Isaac Ssemakadde called for the meeting to discuss several issues including elections of the representatives of Lawyers to statutory bodies like Judicial Service Commission and also to replace Turyamusiima and Munaabi who had attempted to replace the President in a coup.
In return, Ssemakadde said Munaabi had no powers to suspend the president and thus he (Ssemakadde) also suspended Munaabi.
In November 2024, Ssemakadde recalled Lawyers Ruth Sebantindira and Norah Matovu Winyi from the Judicial Service Commission arguing that they have been unconstitutionally and unlawfully holding out as ULS nominees to the JSC since 2016.
Ssemakadde referred to a February 2nd 2024 the High Court Judgement by Civil Division Judge Boniface Wamala declaring that the current practice of appointing ULS Representatives to statutory bodies without holding elections was a breach of the 1956 Uganda Law Society Act and the ULS Elections Regulations 2016.
