The High Court judge Gadenya Paul Wolimbwa has ordered a stay of proceedings against Isaac Ssemakadde, President of the Uganda Law Society, pending the determination of his application challenging an earlier arrest warrant.
Last month, the Buganda Road Chief Magistrates Court issued an international arrest warrant for Ssemakadde, directing Interpol to apprehend him. The warrant was granted by Chief Magistrate Ronald Kayizzi following a request by private prosecutors Tonny Tumukunde and Joshua Byamazima. The duo had petitioned the court to arrest Ssemakadde on charges of insulting the modesty of the Director of Public Prosecutions (DPP), Jane Frances Abodo.
This legal development comes on the heels of a ruling by Justice Musa Ssekaana, who sentenced Ssemakadde to two years in prison for contempt of court. The ruling stemmed from a complaint filed by Mugisha Hashim Mugisha, who accused Ssemakadde of publishing derogatory content on social media platform X (formerly Twitter), targeting Justice Ssekaana and the judiciary.
In response to the arrest warrant, Ssemakadde filed a petition in the High Court seeking a revision of the lower court’s decision. In his application, he questioned the legality, propriety, correctness, and regularity of the proceedings at Buganda Road Court.
The respondents argued that Ssemakadde’s application was a deliberate attempt to delay and obstruct the criminal justice process. They contended that the request for a stay of proceedings was premature and lacked merit, given the absence of any ongoing trial in the lower court. Accordingly, they asked the court to dismiss the application in its entirety.
However, the High Court disagreed. While acknowledging the respondents’ concerns regarding potential delays and disruptions to the judicial process, the court emphasized that the more critical issue at hand was the protection of individual rights, particularly the right to liberty.
“The respondents’ claims of harm do not carry the same immediacy or risk of damage compared to the applicant’s concerns,” the court ruled.
“In the interest of justice, I find it justifiable to grant a stay to safeguard the applicant’s right to liberty while the revision is underway. This ensures a fair process for both parties without the threat of serious consequences. The applicant has established a prima facie case, and the balance of convenience tilts in favour of granting the application,” the ruling continued.
As a result, the court ordered the Chief Magistrate’s Court at Buganda Road to halt all proceedings against Ssemakadde until the High Court determines the merits of his application.
