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Tag: Free Speech

  • NO APOLOGIES, NO SURRENDER: THE RADICAL NEW BAR TAKES THE JUDICIARY TO WAR

    NO APOLOGIES, NO SURRENDER: THE RADICAL NEW BAR TAKES THE JUDICIARY TO WAR


    The Judiciary wanted a fight. Now, it has a war.

    The New Law Year was supposed to be ceremonial—a chance for the Bench and the Bar to sip tea and pretend they liked each other. Instead, it became a crime scene.

    Chief Justice Alfonse Owiny-Dollo, tired of the Uganda Law Society’s relentless attacks, came out swinging. He stood before the nation, fists metaphorically clenched, voice dripping with fury.

    At first, he played innocent. Pretended he wasn’t the one who had gagged Isaac Ssemakadde. Then, unable to hold back, he let the truth slip.

    “I am the one who ordered that the President of the Uganda Law Society should not speak.”



    And then, like a man who had been waiting to explode, he thundered:

    “Only a fool, and I really mean it, it is only a fool who abuses you, insults you, dehumanizes you and thinks it will be business as usual. It cannot be business as usual unless you make amends.”



    Boom. There it was.

    The Judiciary was officially in its feelings.

    The message was clear: Bend the knee, apologize, or face consequences.

    But here’s the thing—Ssemakadde doesn’t kneel. The Radical New Bar doesn’t beg. And the Uganda Law Society doesn’t send apology cards.

    Ssemakadde’s response was swift, brutal, and final:

    “The Uganda Law Society doesn’t exist to soothe the Judiciary or assuage its egos. The Uganda Law Society’s role is to protect the Judiciary from Executive Overreach and to ensure public trust in the Judiciary.”



    Translation? Cry if you want. The Bar owes you nothing.

    THE BUILD-UP TO WAR: THE JUDICIARY’S NEVER-ENDING BLEEDING

    This wasn’t just an outburst. This was months of pent-up fury.

    The Judiciary had been bleeding out ever since the Radical New Bar declared war on its comfort zone.

    Executive Order No. 1 threw the Attorney General and Solicitor General out of the ULS Council.

    Executive Order No. 2 announced a Radical Surgery on the Judiciary—no anesthesia, just raw scalpel to the bone.

    Executive Order No. 3 didn’t just boycott Justice Musa Ssekana—it excommunicated him from the legal faith.


    Justice Ssekana, famous for delivering controversial and contradictory rulings had crossed a dangerous line.

    He had blocked ULS elections for its representative to the Judicial Service Commission. Many saw it as blatant Judicial Overreach—the Bench trying to control the Bar.

    The Radical New Bar did not take it lightly.

    A total boycott of Justice Ssekana’s courtroom. His rulings became legal noise—heard but never taken seriously.

    The ULS plaque that once honored him? REVOKED. PUBLICLY DISOWNED. SYMBOLICALLY BURNT.

    A whistleblower campaign launched, calling for evidence to have him removed for Judicial Misconduct.


    Ssekana was supposed to be finished.

    But Uganda’s Judiciary is like a bad magic trick—the more incompetent you are, the higher you rise.

    Instead of accountability, Ssekana is now pending vetting for the Court of Appeal.

    A man under public investigation for judicial misconduct is being lined up for a promotion.

    At this point, the Judiciary wasn’t just bleeding—it was leaking credibility like a sinking ship.

    THE KABAZIGURUKA JUDGMENT—WHEN REAL POWER SPOKE, THE JUDICIARY COWERED

    But let’s talk about the elephant in the room.

    The Uganda Law Society forced the Supreme Court to deliver the Kabaziguruka Judgment on January 31, 2025. It was a victory for the Rule of Law—civilians could no longer be tried in military courts.

    The Radical New Bar celebrated.

    And then, Gen. Muhoozi Kainerugaba entered the chat.

    Uganda’s Chief of Defense Forces. The President’s son. The man who commands tanks, fighter jets, and battle-hardened soldiers.

    He wasn’t impressed.

    He didn’t file for a review. He didn’t even bother to hide his disgust.

    He called the entire Supreme Court “clowns.”

    Then, he went further.

    “We are coming for you.”



    A direct threat. An undeniable challenge.

    If any civilian had said this, contempt of court summons would have been printed, signed, and delivered in minutes.

    But this was Uganda’s most powerful General.

    What did the Judiciary do?

    NOTHING.

    No warning. No condemnation. No outrage. Just silence.

    But when Ssemakadde calls out judicial incompetence? Suddenly, the Judiciary is offended.
    When Sebaduka criticizes the Bench? Suddenly, they have the power to throw someone in jail.

    Muhoozi tells the Supreme Court “we are coming for you,” and they act like they didn’t hear a thing.

    But when the Radical New Bar speaks, the Judiciary suddenly remembers how to fight.

    THE FINAL SHOWDOWN: THE PUBLIC INQUIRY IS COMING

    The Judiciary thought the worst was over? Not even close.

    Because Isaac Ssemakadde doesn’t just fight battles—he wages wars.

    Last year, he made a promise:

    The Uganda Law Society would not wait for the broken, spineless, toothless Judicial Service Commission to act.

    No more fake investigations. No more endless excuses. No more allowing compromised institutions to pretend they can police themselves.

    The ULS would marshal a PUBLIC COMMISSION OF INQUIRY into the entire Bench.

    And he gave the Judicial Service Commission a deadline—January 15, 2025—to furnish a report on its inquiry against Justice Ssekana.

    The deadline came and went.

    No report. No accountability. Just the same old game of protecting the powerful.

    Now, the ULS Governing Council has just completed its retreat. What were they doing? COMBING THROUGH PUBLICLY GATHERED EVIDENCE AGAINST JUSTICE SSEKANA.

    Evidence gathered as a result of Executive Order No. 3.

    The Judiciary wanted a fight? Now, it has a full-scale public investigation coming straight for its doorstep.

    And the Chief Justice still expects an apology?

    The ULS will not apologize to a judge they have been investigating for potential removal.

    The Judiciary wanted a war. Now, it’s getting one.

    The horns are locked. The trenches are dug. The battle lines are drawn.

    And if the Judiciary thought the Radical New Bar was dangerous before?

    They haven’t seen anything yet.

    This is no longer just a legal fight. This is institutional. This is existential. This is irreversible.

    Brace yourselves. 2025 is about to be the most explosive year in Ugandan legal history.

    NO APOLOGIES. NO COMPROMISES. NO MERCY.

    JUSTICE WILL PREVAIL.

    DISCLAIMER: This Blog is not intended to ridicule or attack the persons of the Honorable Chief Justice Alfonse Chigamoi Owiny Dollo, the Hon. Justice Musa Ssekana. It is purely public commentary on the spat that happened at the opening of the New Law Year at the Supreme Court, Kampala.

    The information contained in this Blog is not intended to be used as Legal advice. The author accepts no liability for injury arising from using the information contained in the Blog as Legal Advice. Readers are advised to seek the services of a qualified attorney in their area of Jurisdiction to deal with specific scenarios.

    Do you have a story that would contribute to the Rule of Law discussion that you want us to write about? Reach out to us at ambrosenen@gmail.com

  • Untitled post 35

    A Moment of Reckoning: The Constitutional Crisis and Rise of Dictatorship at the Uganda Law Society



    The sudden expulsion of Isaac Ssemakadde as President of the Uganda Law Society (ULS) has triggered intense reflection within Uganda’s legal fraternity. This controversial move raises profound questions about the legality of his removal, the ethical implications of his leadership style, and the broader institutional challenges facing the ULS. At its core, the situation reveals tensions between professionalism, governance, and the external pressures that shape such decisions.

    This moment is a reckoning for the ULS, a professional body tasked with safeguarding the rule of law and justice. How the society navigates this crisis will define its integrity, independence, and democratic principles moving forward.


    —

    I. The Controversial Leadership of Isaac Ssemakadde

    Isaac Ssemakadde’s tenure at the ULS was marked by bold decisions aimed at reforming the society and addressing systemic flaws in Uganda’s justice system. Key actions included:

    1. Expelling the Attorney General: Ssemakadde removed Kiryowa Kiwanuka from the ULS Council, citing conflicts of interest. This unprecedented move disrupted long-standing traditions and relationships within the society.


    2. Recalling Representatives to Statutory Bodies: He withdrew ULS representatives from critical bodies, including the Judicial Service Commission, in an attempt to enhance institutional independence.
    3. Suspending the CEO: The suspension of Mable, the ULS CEO, highlighted internal divisions and polarized opinions, with some viewing it as necessary reform and others as overreach.

    While Ssemakadde’s leadership won praise for its courage in challenging entrenched power dynamics, it also made him a target for criticism and possible retaliation from powerful actors within and outside the legal profession.


    —

    II. Legal Questions Surrounding the Expulsion

    An Elected Leader Ousted by a Council

    Ssemakadde’s expulsion by the ULS Council has raised significant legal concerns. The Uganda Law Society Act grants the General Assembly the exclusive authority to remove an elected president. The process requires:

    Clear evidence of misconduct or violations of the society’s rules.

    Adherence to procedural safeguards, including a transparent and fair hearing.

    Validation of the decision through a vote at an Extraordinary General Meeting (EGM).


    The Council’s unilateral decision to expel Ssemakadde appears to bypass these procedural requirements, making the legality of the move questionable. If these steps were disregarded, the expulsion undermines the democratic framework upon which the ULS is built.

    III. Backlash to Ssemakadde’s Leadership and Style

    A Provocative Communicator

    Ssemakadde’s outspoken rhetoric, particularly his comments targeting public figures like Attorney General Kiwanuka and DPP Jane Frances Abodo, drew sharp criticism. While his critiques focused on systemic flaws—pretrial detention, judicial delays, and military trials of civilians—his use of provocative language became a point of contention, overshadowing the substance of his arguments.

    Critics accused Ssemakadde of damaging the dignity of his office, while his supporters argued that his tone was a reflection of the urgency of the issues he sought to address. This clash highlights the perennial debate between decorum and the need for robust critique in professional settings.

    IV. External Pressures and the Role of Politics

    Political Interference or Internal Coup?

    Many believe that Ssemakadde’s expulsion was influenced by external forces threatened by his reformist agenda. His removal of Kiwanuka and his vocal criticism of systemic injustices disrupted established power structures and may have provoked retaliation from influential political actors.

    If external actors influenced the Council’s decision, this represents a troubling erosion of the ULS’s independence. Such interference would compromise the society’s ability to fulfill its role as a defender of the rule of law.

    Risk to Institutional Integrity

    The expulsion of an elected leader under such circumstances sets a dangerous precedent, potentially transforming the ULS from an independent professional body into a tool for political agendas.


    —

    V. A Leadership Void and the Imposition of a Dictatorship

    The expulsion of Ssemakadde has created a leadership vacuum, which the ULS Council has sought to address by appointing a caretaker committee headed by Secretary General Philip Munaabi. This decision has raised additional concerns:

    1. Unelected Leadership: By assuming presidential powers without a vote, Munaabi effectively becomes an unelected president. This undermines the democratic principles of the ULS.


    2. No Electoral Roadmap: The Council has provided no timeline or procedure for electing a new president, leaving Munaabi in a powerful position indefinitely. This risks turning an interim measure into a de facto dictatorship for the remainder of Ssemakadde’s term.


    3. Concentration of Power: Combining the roles of Secretary General and acting president consolidates executive and administrative authority in one individual, reducing oversight and accountability.



    These developments highlight the urgent need for transparency and adherence to democratic processes within the ULS.


    VI. A Call to Action for the ULS Membership

    The current crisis presents an opportunity for ULS members to reclaim their society’s integrity and independence. Key steps include:

    1. Demanding Transparency: Members must call for an Extraordinary General Meeting (EGM) to review the legality of Ssemakadde’s expulsion and chart a clear roadmap for electing new leadership.


    2. Safeguarding Democracy: The society must restore its democratic processes to prevent unelected officials from wielding unchecked power.


    3. Focusing on Systemic Issues: The legal fraternity must address the substantive critiques raised by Ssemakadde, including delays in justice, pretrial detention, and military trials of civilians.


    4. Resisting Political Interference: The ULS must reaffirm its independence and ensure that decisions are made transparently and without external influence.




    —

    VII. Conclusion: A Defining Moment for the ULS

    The expulsion of Isaac Ssemakadde is a watershed moment for the Uganda Law Society. It has exposed tensions between leadership, legality, and politics, while raising critical questions about the society’s commitment to democracy and justice. While Ssemakadde’s provocative style remains polarizing, the issues he championed—access to justice, constitutionalism, and the rule of law—are too important to ignore.

    For the ULS, this is a moment of reckoning. The society must act decisively to restore transparency, accountability, and democratic integrity. Silence is not an option; the legal fraternity must speak up and ensure that this crisis becomes a turning point for the rule of law in Uganda.

    About the author.

    The author is an Advocate of the Ugandan Courts of Judicature, currently at, M/S Okurut-Magara Associated Advocates, Adjumani.  He is a Rule of Law pundit who firmly believes that without the Rule of Law, Lawyers will become unemployed and society will regress backwards towards anarchy.

    Contact us:

    Mobile: +256789856805

    Email: ambrosenen@gmail.com

    DISCLAIMER; This blog is for public awareness and general information purposes. The contents here in are not intended to serve as legal guidance. The author accepts no liability for injuries, legal or otherwise arising or connected with use of legal information in this blog.

    Readers are encouraged to consult qualified attorneys in their areas of Jurisdiction for situation specific legal advice and courses of action.

  • Revisiting Free Speech, Professional Ethics, and Gender Sensitivity in Uganda: A Legal and Social Analysis

    Revisiting Free Speech, Professional Ethics, and Gender Sensitivity in Uganda: A Legal and Social Analysis



    Isaac Semakade’s recent remarks about senior public officials have ignited intense debate on free speech, vulgarity, and the ethical responsibilities of professionals. While organizations like the Uganda Association of Public Prosecutors (UAPP) and FIDA-Uganda have condemned his language and demanded an apology, others argue that his statements are a reflection of justified frustration with Uganda’s systemic issues. This discourse raises critical legal, ethical, and societal questions.



    Legal Frameworks Governing Free Speech in Uganda

    Article 29(1)(a) of the Ugandan Constitution guarantees freedom of expression, but it is not absolute. Various laws impose limitations:

    1. Penal Code Act: Criminalizes obscene publications and speech deemed offensive to public morality.


    2. Computer Misuse Act: Penalizes offensive communication and misuse of electronic systems, often criticized for vague definitions that risk curtailing legitimate dissent.


    3. Defamation Laws: Protect individuals from false and injurious statements, balancing free speech with reputational rights.



    However, Uganda’s judicial precedents, such as Onyango-Obbo & Mwenda v. Attorney General, emphasize that free speech encompasses the right to critique government actions, even in ways that may offend or provoke. Justice Mulenga’s landmark judgment underscored that the limits of free speech must be narrowly construed to allow robust public debate.



    International Legal Perspectives on Profanity and Free Expression

    Globally, courts have grappled with the tension between vulgarity and free speech, offering comparative insights relevant to Uganda:

    1. United States – Cohen v. California (1971): The Supreme Court ruled that offensive language, such as “F*** the Draft,” is protected under the First Amendment unless it incites violence or meets the strict test for obscenity. This case underscores the principle that free expression protects both ideas and the emotive force behind them.


    2. European Court of Human Rights – Handyside v. UK (1976): Freedom of expression includes ideas that offend or shock, but states may impose restrictions to protect public morality.


    3. India – Shreya Singhal v. Union of India (2015): The Indian Supreme Court struck down laws criminalizing “offensive” speech, emphasizing the need for clarity and proportionality in restricting free expression.



    These cases highlight the necessity of carefully balancing societal interests, public morality, and individual rights in regulating speech.



    Gender Sensitivity and Public Discourse

    FIDA-Uganda and similar organizations have framed Semakade’s remarks as emblematic of broader societal disrespect toward women in leadership. Referring to a public official as “another vagina from Karamoja” not only perpetuates harmful gender stereotypes but also trivializes substantive critiques of governance. This resonates with global debates on gender-sensitive communication, where freedom of speech must not justify the marginalization of women.

    Internationally, courts like the ECHR in E.S. v. Austria (2018) have drawn lines between criticism and language that incites discrimination. While Uganda does not have explicit gender-based restrictions on speech, these examples offer a framework for addressing the intersection of free speech and gender equity.


    Ethical Boundaries and Professional Responsibility

    Professional ethics demand that legal leaders uphold decorum, particularly in public discourse. The Uganda Association of Public Prosecutors has argued that Semakade’s language undermines the dignity of the legal profession. Similarly, FIDA-Uganda views his remarks as detracting from the serious issues he sought to address, such as delayed prosecutions and institutional inefficiency.

    Critics of Semakade’s approach point out that effective advocacy does not require vulgarity. Instead, it risks alienating allies and diminishing the credibility of the underlying message. However, proponents argue that provocative language can be a powerful tool to draw attention to systemic injustices, as seen in historical civil rights movements worldwide.


    Structural Challenges in Uganda’s Justice System

    Semakade’s remarks, though controversial, highlight systemic failures that fuel public frustration:

    1. Pretrial Detention: Nearly half of Uganda’s prison population comprises detainees awaiting trial, a clear violation of their right to a speedy trial.


    2. Civilian Trials in Military Courts: Cases like that of Olivia Lutaaya illustrate concerns about due process and the overreach of military jurisdictions.


    3. Delayed Prosecutions: These perpetuate injustices and erode public trust in the judiciary.


    Addressing these structural issues would diminish the need for incendiary rhetoric by fostering accountability through systemic reform.


    Reconciling Free Speech and Professionalism

    The condemnation of Semakade’s remarks reflects a broader societal debate: how should professionals navigate the balance between free speech and ethical obligations? Comparative legal analysis suggests that while free speech must be robustly protected, it is equally essential to ensure that advocacy respects principles of equality, dignity, and professionalism.

    Uganda’s legal community faces an opportunity to lead this conversation by promoting respectful and effective communication while addressing the root causes of public dissatisfaction. Ensuring that justice is both accessible and equitable will go a long way toward creating an environment where free expression thrives without resorting to divisive language.

    About the author.

    Enen Ambrose is an Advocate of the Courts of Judicature in Uganda. He practices with M/S Okurut-Magara Associated Advocates. He is passionate about access to Justice, the Rule of Law, Democracy, Human Rights and Constitutionalism. Drawing inspiration from Gerry Spence’s How to argue and win all the time, he believes that stifling free speech is a barrier to meaningful civic engagement and holding the state accountable for the broader Rule of Law and Constitutional abrogations or contraventions. He is a huge fan of President Isaac Semakade, the current President of the Uganda Law Society who rode on the Back on track theme and the Bang the table slogan. He also strongly believes in the 4Ds, Democratization, Demilitarization, Decolonization and Digitization which were the major deliverables that President Isaac Semakade promised during his campaign to become the head of the Ugandan Bar.

    Contact us:

    Mobile: +256789856905

    Email: ambrosenen@gmail.com

    DISCLAIMER: This blog post is for educational, recreational and informative purposes only. It is not intended to provide legal advice. The author shall not be liable for any injuries, legal or otherwise that arises from reliance on the contents of this blog post as legal advice. Viewers are strongly encouraged to contact a qualified attorney in their area of Jurisdiction for situation specific legal advice and possible Legal redress.