The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The Uganda Law Society-ULS President Isaac Ssemakadde has filed an application before the Buganda Road Chief Magistrates Court seeking the dismissal of charges of insulting the modesty of a woman levied against him by two lawyers Joshua Byamazima and Tony Tumukunde.
On November, 22nd 2024, Byamazima and Tumukunde filed a complaint on oath and an affidavit in support of 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 lawyers allege that on November 18th 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 against the DPP Lady Justice Jane Frances Abodo.
“All these things like your particular Kerfuffle is then given legal dressing by this vagina from Karamoja”, reads the words in contention reportedly said by Ssemakadde.
Ssemakadde added, ” I have made a case before that we have a pumpkin for a DPP, but some lawyers continue to pretend that she is the DPP… she is dead wood.”
They submitted to the court a flash disk containing the video of the alleged utterances. The case was fixed for hearing on December 4th.
Ssemakadde through his lawyers at GEM Advocates has filed an application seeking the dismissal of the privately instituted charges against him. He argues that the impugned complaint on oath and supporting affidavit do not, prima facie, disclose the commission of the proposed offence.
Ssemakadde says the proposed offence is manifestly victim-centred and the intending prosecutors, Byamazima and Tumukunde, have unjustifiably not engaged the alleged victim Abodo.
“In the absence of the testimony of the alleged victim, Ms Jane Frances Abodo of Karamoja, there is manifestly no reasonable and probable cause to believe that the proposed offence was committed”, says Ssemakadde in his application.
He argues that impugned complaints and supporting affidavits are grossly incompetent, frivolous and vexatious, a mockery of concern for women’s rights, a breach of the right to freedom of opinion and freedom of expression, and an abuse of court process.
According to Ssemakadde, the facial accusatorial information on record is manifestly insufficient to warrant a formal charge.
“The impugned complaint on oath and supporting affidavit falsely and misleadingly present the alleged victim as a judge, whereas she is not”, adds the complaint.
He further notes that the impugned complaint on oath and supporting affidavit falsely and misleadingly presents the alleged victim as a woman of unimpaired modesty. whereas she is not.
“The intending prosecutors, Byamazima Joshua and Tonny Tumukunde, stand in a pre-existing position of animosity with the Applicant which they have deliberately concealed from this Honourable Court and the investigative and prosecutorial authorities that would have expectedly checked this bias and abuse of process”, reads Ssemakadde’s affidavit.
He wants the court to dismiss the application because it is deprived of jurisdiction and the intended prosecution was manifestly brought in bad faith to harass and embarrass him.
Ssemakadde who describes himself as a multiple award winner regarding issues of promotion of the rule of law has accompanied a supporting affidavit in which he describes Byamazima and Tumukunde as busybodies.
“I know that the cantankerous couple, Byamazima Joshua and TonnyTumukunde, are meddlesome busybodies on the internet and the courts of law where they have so far filed Miscellaneous Cause No. 0228 of 2024, Miscellaneous Application No. 1134 to 2024 and Miscellaneous ApplicationNo. 1135 ol 2024 against me and the Uganda Law Society in the High CourtCivil Division, gratuitously claiming grievance on behalf of the Attorney General and Solicitor General who we expelled from the ULS Council vide Executive Order RNB No; 1 of 2024.
According to Ssemakadde, Byamazima and Tumukunde later withdrew their application seeking interim injunction after they had reportedly become a nuisance to the Uganda Law Society-ULS and himself for over a month.
“I know that the grievance purportedly perceived by the cantankerous couple on behalf of the alleged victim with whom they admittedly do not share a relationship of intimacy or loco parentis cannot, at any rate, be a substitute for what the victim herself would perceive as an insult to her modesty or intrusion upon her privacy”, adds Ssemakadde.
The matter is expected for hearing before Buganda Road Chief Magistrates Court tomorrow Wednesday before Ronald Kayizzi the Chief Magistrate.
Ssemakadde who won the elections of ULS with a very big margin against his rival and was sworn in in October 2024 has been controversial over his mode of operations dubbed the radical new bar and calling himself the legal rebel.
He has so far made two decisions that have sparked controversy including the expulsion of Attorney General Kiryowa Kiwanuka from the ULS Council and the Solicitor General representatives and also recalling ULS representatives from various statutory bodies for having been there illegally.
He has since called for an Extra Annual General Meeting set for December 17th to replace them.
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