Lawyer Mabirizi starts from where he stopped

Mr Male Mabirizi in the dock at Buganda Road Court in July last year. Photo/BUBAKER LUBOWA

What you need to know:

  • Mabirizi says he does not fear being sent back to prison as long as he fights injustice in the country.
  • Mr Mabirizi was in the company of fellow lawyers, including Mr Isaac Ssemakadde, signalling that he had left Luzira prison where he has been a resident for about a year.

On Saturday, pictures emerged on social media showing city lawyer Hassan Male Mabirizi carrying bags.

Mr Mabirizi was in the company of fellow lawyers, including Mr Isaac Ssemakadde, signalling that he had left Luzira prison where he has been a resident for about a year.
The lawyers were dressed in black T-shirts on which were inscribed words: “Rule of law. No apology,” an indication that the group was starting from where they had stopped; taking on the government and other individuals in protracted legal battles. 
And indeed by Monday, Mr Mabirizi was already in court, checking on the progress of a multitude of cases that he has filed against government, individuals and institutions before and while in prison.
Speaking to this publication yesterday, Mr Mabirizi said he had attended a morning session at Mengo court.

“I had three cases at Mengo; two against the government for refusal to give me certified copies of Kyagulanyi’s [NUP president Bobi Wine] driving permit and passport application forms; and another one against Judicial Service Commission for refusal to give me documents relating to the 2021 appointment of judicial officers,” he said.
He added: “Tomorrow [today], I will be at Nakawa for the case against the Ministry of Defence for refusing to provide me with Gen Muhoozi Kainerugaba’s academic and military records. I have cases throughout March, both in Ugandan courts and the East African Court of Justice.”
On February 15 last year, Mr Mabirizi was sentenced to18 months in prison for contempt of court.
However, a remission cut his stay in prison to about a year.
While behind bars, Mr Mabirizi said he continued with his pursuit for justice by filing a total of 110 cases in 23 courts of law around the country.

Active in jail
“My prison time was not wasted, that’s also the position in international prison standards. The purpose of imprisonment is to curtail the right to liberty only, not other rights. The right to fair hearing, which includes access to justice, is non-derogable under Article 44(c) of the Uganda Constitution, whether a person is in prison or not,” he said.
Mr Mabirizi said he intends to continue pushing for the resolution of the new cases he filed and also the old ones that are still pending.
Mr Mabirizi and High Court judge Musa Ssekaana have clashed on several occasions, and the latter slapped a Shs300m fine on him for attacking judicial officers on his social media accounts.

Nevertheless, Mr Mabirizi yesterday said he does not have plans to appear before the said judge and that he is happy since the judge recused himself from hearing any of his multiple cases.
He added that he is not afraid of being sent back to jail if that is the penalty he will get for fighting injustice in society.
“If taking on despots, the corrupt and rogue governance lands me in prison, let it be but I have a constitutional citizenry duty to protect the Constitution, to combat and eradicate corruption and misuse of power,” he said.

His prison ordeal
Mr  Mabirizi described his maiden prison experience as ghastly.

“My prison experience was bad. Officers don’t have any clue about human rights. Undressing, beating and all forms of torture, inhuman and degrading treatment is the order of the day. This is why we have already sued some of them in their private/personal capacities,” he said.

He added: “I was denied access to the kitchen in Luzira Upper Prison since April 2022, hence I decided to survive on biscuits and water all this long.”