Two lawyers initiate private prosecution against Ssemakadde over 'insulting' DPP
Mr Isaac Ssemakadde, the President of Uganda Law Society (left) and Justice Jane Frances Abodo, the
Director of Public Prosecutions. Photos/File
What you need to know:
- The two advocates are seeking summons against Mr Ssemakadde to appear before chief magistrate Ronald Kayizzi to plead to the proposed charge of insulting the modesty of a woman.
Two lawyers have initiated private prosecution of the president of the Uganda Law Society (ULS) for indecently assaulting the Director of Public Prosecutions (DPP), Justice Jane Frances Abodo.
Mr Isaac Ssemakadde has been dragged before the Buganda Road Chief Magistrate’s Court by fellow lawyers; Mr Tonny Tumukunde and Mr Joshua Byamazima, who have filed a complaint by way of private prosecution.
The two advocates are seeking summons against Mr Ssemakadde to appear before chief magistrate Ronald Kayizzi to plead to the proposed charge of insulting the modesty of a woman.
The duo claim on November 18, while addressing members of the People’s Freedom Front (PFF) 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, uttered the following words.
“…..that all these things like your particular kaffir form is given legal dressing by this vagina from Karamoja…I have made a case before that we have a pumpkin for a DPP, but some lawyers continue to pretend that she is actually the DPP..she is dead wood….”
Court documents indicate that the said utterances were made by Mr Ssemakadde in full glare of the media that was covering and broadcasting the symposium which widely circulated on social media and are now a matter of public knowledge to which he (Ssemakadde) should be held liable for his utterances.
“We make this complaint on oath so that this honourable court may be pleased to summon and issue a warrant of arrest for the production of the accused person to appear and plead to the preferred charge of insulting the modesty of a woman contrary to Section 115(3) PCA,” reads the complaint.
However, through his lawyers of GEM Advocates, in response to their application, Mr Ssemakadde noted that the complaints are grossly incompetent, 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 the court process.
“The proposed offence is manifestly victim-centred and the intending prosecutors, Joshua Byamazima and Tonny Tumukunde have unjustifiably not engaged the alleged victim. 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,” reads Mr Ssemakadde’s response.
Mr Ssemakadde further stated that the intending prosecutors stand in a pre-existing position of animosity with him, which they have deliberately concealed from court and the investigative and prosecutorial authorities that would have expectedly checked the bias and abuse of process.
“Having regard to the public interest, the interest of the administration of justice and the need to prevent abuse of legal process, this application ought to be granted with costs to be paid by the intending prosecutors, Byamazima and Tumukunde,” he further argues.
The trial chief magistrate is set to hear the application today.
Where it all started
During his address to the Forum for Democratic Change Katonga Road faction, in which he attacked Justice Jane Frances Abodo, the Director of Public Prosecutions (DPP), Ssemakadde opened a can of worms, prompting two members of his executive – Phillip Munaabi (secretary) and Geoffrey Turyamusiima (central region) – to demand Ssemakadde to offer an apology. Ssemakadde didn’t apologise, insisting that it should be the DPP to explain how she charged about 40 members of the FDC faction, who were arrested in Kisumu, Kenya, before being extradited to Uganda with terrorism.
