Lawyer Mabirizi petitions principal judge over 18 months jail term

Kampala, Uganda | THE INDEPENDENT | City lawyer Male Mabirizi has petitioned the Principal Judge seeking to allocate his two pending cases to a High Court Judge other than Musa Ssekaana.

Ssekaana on Tuesday issued a warrant of arrest directing every police officer to arrest Mabirizi upon sight and be taken to prison to serve his 18 months jail term for contempt of court.

This stemmed from a letter by Attorney General Kiryowa Kiwanuka to the High court to seeking to find Mabirizi guilty of contempt of court because of his continuous social media attacks on judicial officers despite a court order issued on January 27th, 2022 cautioning him to stop.

However, in his petition to the Principal Judge Dr. Flavian Zeija, Mabirizi who is on the run but his petition has already been received, contends that on February 10th, 2022, he filed two applications one seeking to stay execution of Ssekaana’s orders, and another for an interim stay of execution. But up to now, Mabirizi states that the two applications have never been fixed for hearing.

“To my surprise, on February 15th 2022, the Judge entertained letters filed in Court on February 14th, 2022 and ordered that I be arrested and imprisoned for 18 months, without giving me time to make responses yet my lawyer informed him that I had no time to respond because that day I was appearing with Attorney General himself and almost a dozen of his staff in East African Court of Justice Appellate Division Application number 2 of 2022 Male H Mabirizi Vs Attorney General of Uganda,” reads the petition in part.

Mabirizi adds that he has also filed the application to set aside the exparte order and stay of execution but he is afraid that they will also not be allocated or fixed.

“As the head of court, I pray that you allocate these files to a judge other than Ssekaana Musa who is mentioned in letters and affidavits by Attorney General as the person who allegedly was offended by my letter to Uganda Judicial Officers Association and alleged posts on www.twitter.com so that justice is seen to be done”, adds the petition.

Prior to his petition to the Principal Judge, Mabirizi earlier on Thursday filed three applications seeking to stay execution of Ssekaana’s orders and another to quash them in the Civil Division of the High Court where Ssekaana is the administrative head.

Mabirizi argues that on the day Ssekaana ordered for his arrest, his lawyers requested him to first determine an application seeking for his recusal since the presiding Judge was the one mentioned in Attorney General’s letter, but he remained silent.

According to Mabirizi, his lawyers objected that the Attorney General’s application was made in a letter format, contrary to the legally provided procedure, but Ssekaana still overruled his lawyers, ignored other requests including to first handle his pending applications, thereby denying him a right to fair hearing.

“I know that the Judge having received my stay applications earlier but went ahead to determine letters with imprisonment of 18 months is clear indication that the Court refused to hear my applications hence the need for this court to exercise its jurisdiction,” says Mabirizi.

Speaking to Uganda Radio Network, the Uganda Police is already hunting him down for arrest and they already raided a home of his friend at Makerere Kawempe Division on Tuesday but they found when he had just left therefore he wants the Principal Judge to intervene in his issues.

Meanwhile, Mabirizi has petitioned the Inspector General of Government Beti Kamya seeking to be given information related to Ssekaana’s wealth declaration documents such that he can prosecute him.

Mabirizi notes that he has information that Ssekaana has allegedly acquired illicit accumulation of wealth within and outside Uganda since he became a Judge four years ago allegedly through illicit, corrupt and fraudulent Administration of justice where he says parties before him have options either to pay in cash or kind.

Ssekaana and Mabirizi’s woes started way back in 2019 during the hearing of an application challenging the decision by Justice Simon Byabakama to continue working as the Electoral Commission chairperson without relinquishing his powers as a Justice of the Court of Appeal.

In the proceedings, Ssekaana told Mabirizi to submit his rubbish when he accused him of bias. Mabirizi vowed never to appear before Justice Ssekaana voluntarily.

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