Lawyer Mabirizi vainly pleads before judge to order his release from prison
Lawyer Hassan Male Mabirizi in the dock at the Court of Appeal in Kampala on February 25, 2022. PHOTO/ ISAAC KASAMANI
What you need to know:
- Mabirizi was jailed on Monday, days after the High Court ordered for his imprisonment for 18 months over contempt of court in regard to continuous abuse of judicial officers.
Jailed city lawyer Hassan Male Mabirizi will have to spend more time in prison after he unsuccessfully pleaded for his release from Kitalya government prison where he’s currently incarcerated.
Mabirizi was jailed on Monday, days after the High Court ordered for his imprisonment for 18 months over contempt of court in regard to continuous abuse of judicial officers.
Appearing before the Court of Appeal, Mabirizi looked untidy in a wrinkled suit, open-collar shirt and a red polythene bag holding his belongings.
Mabirizi’s hopes of being released pending the hearing of his appeal challenging the jail term was cut short after Justice Christopher Madrama ruled that it lacked the jurisdiction to revoke its powers to reverse the orders of the High Court.
“There is no way this court can stay the execution of the applicant’s (Mabirizi’s) arrest when it was already done on February 21, 2022 thus the application is being overtaken by events with no formal appeal challenging the proceedings,” Justice Madrama ruled on Friday.
However, the controversial lawyer got some reprieve when Justice Madrama issued an order temporarily stopping him from paying a fine of Shs300 million that was slapped against him for allegedly attacking judicial officers until the final disposal of his appeal challenging the same.
Unlike before his incarceration when he was cantankerous, a now-soft spoken Mabirizi, with a sweaty face interjected immediately after the judge’s ruling, much to the surprise of court, pleading for his release.
“I’m down on my knees please let me out. My lord I do not have any passport that can make me flee, I am a lawyer with many cases pending in several courts and my continued detention is more likely to affect them,” Mr Mabirizi pleaded.
Mr Mabirizi told court that he had relatives who are in Court and many people were willing to stand surety for him.
He further asked Justice Madrama to refer his decision to a full bench of the Court of Appeal on the ground that sections 76 and 77 of the Civil Procedure Act allows a notice of appeal to cover any interlocutory decisions made in the case appealed from which the appeal court judge erred by not considering it.
However, in his second ruling on the oral application that was made by Mr Mabirizi, the judge noted that he could not stretch rule 2(2) of the rules of Court of Appeal to reverse his previous ruling by making a positive order to release him.
“I decline to release the applicant. Let him apply afresh to the full bench or apply to be released on bail pending appeal or application; whichever remedy is appropriate,” Justice Madrama ruled.
Justice Madrama also told Mabirizi to formulate specific grounds of reference in his own words in writing within seven days from the date of his ruling.
After the court of Appeal session, Mr Mabirizi was taken before Justice Musa Ssekaana to prosecute his several applications relating to similar matters.
However, Justice Ssekaana recused himself from hearing all Mabirizi's appeals against his orders before sending the files back to the registrar for re-allocation.
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