
Chief Justice Alphonse Owiny-Dollo. PHOTO/IRENE ABALO OTTO
Chief Justice Alfonse Owiny-Dollo has hit back at the National Unity Platform president Robert Kyagulanyi, aka Bobi Wine, after the latter accused the Judiciary of lack of independence and impartiality.
While addressing the judicial officers of the Supreme Court and Court of Appeal during a retreat in Mbarara City on January 14, Justice Owiny-Dollo dismissed Bobi Wine’s claims, saying the Judiciary helped him complete his presidential campaigns in Iganga in the 2021 General Election.
Bobi Wine was in 2021 arrested in Luuka, eastern Uganda, while on his campaign trail. His arrest caused protests that led to the deaths of 29 people when security forces attempted to quell the demonstrations.
Monitor sought Chief Justice Owiny-Dollo’s views on Bobi Wine’s comments, including claims that President Museveni criticised judges who granted bail to the late Kawempe North MP Muhammad Ssegirinya.
Makindye West MP Allan Ssewanyana and Ssegirinya were arrested and repeatedly denied bail. They were accused of murder and terrorism. MPs and a section of Ugandans believe Ssegirinya’s arrest and long stay in jail worsened his illness, leading to his death.
Bobi Wine, in his statement at the burial of the late Ssegirinya, which he shared on his social media platforms, said: “Even the judges who repeatedly denied Ssegirinya and Ssewanyana bail are as oppressive as Museveni who detained them. If you’re a judge worth your salt, Museveni would rather deny you a promotion than you send Ssegirinya to an early grave. You would rather flee to exile like Justice Esther Kisakye than be used as a tool of oppression. That is why we celebrate Chief Justice Ben Kiwanuka, who was killed for staying true to his judicial oath. What happened to Uganda? Where are those judges who can still stand to defend the Constitution?”
Below are excerpts of the interview:
Recently, at the burial of Kawempe North MP Muhammad Ssegirinya in Masaka, the National Unity Platform president Robert Kyagulanyi, aka Bobi Wine, accused you judges of being used as a tool of oppression by President Museveni when you consistently denied the late Ssegirinya and Ssewanyana bail. What is your take on the matter?
Well, I have not seen it [the statement], so I am only responding based on what you have said. If it is true that he said that, he should be reminded that the worthless judges are the ones who saved him in Iganga [district] in the 2021 [presidential election campaigns]. When he was arrested and prosecuted, it was these worthless judges who granted him bail, and he was able to campaign to the end.
He could have been locked up. So, there is some usefulness in being worthless. When he was incarcerated in his own home, his lawyers applied for what we call ‘habeas corpus’ for him to be produced. And so the same worthless judges made an order which freed him. So, that is how worthless Ugandan judges are. You can tell him.
President Museveni, while giving his New Year message to the country at his country home in Rwakitura, banned police bonds. However, Ugandans think this undermines the independence of the Judiciary. What are your thoughts on the matter?
What I read—because he didn’t say it in my presence—I read the President saying that he has directed the Executive and the police officers not to grant bail. In other words, as a layperson, there is a difference between bail and bond. Police officers do not grant bail, but for him, he is a layperson, so I believe he meant bond. Police bond. But for how long? For 48 hours only?
The law says you keep somebody for 48 hours, and either take him to court or release him. So, when you talk about not releasing [suspects on] bonds, it means that within 48 hours, don’t release him on bond. That’s really what it means, because if you keep somebody beyond 48 hours, you are breaching the Constitution, and that is a very serious matter. But then the President also said he cannot direct the Chief Justice.
I don’t know why people don’t speak about that. I read it—in that, I think it was even a video clip or something, I can’t remember. He talked about the Executive and the police. I don’t remember if he mentioned the DPP. But he was categorical that for the Chief Justice, I cannot direct him. So, if the President says he cannot direct the Chief Justice, then how can anyone say the Judiciary has been captured?
Because it is there in the public domain that he said he cannot direct the Chief Justice. Two, we had a public discussion with the President over objecting to bail in 2021. We followed it up, and sometime last August, there was a retreat for permanent secretaries and ministers in Kyankwanzi. The President told the gathering that the Chief Justice had persuaded him. I was not there; it was my deputy who represented the Judiciary.
The President said that the Chief Justice had persuaded him on the law about bail, and there was nothing wrong with it. This is how the law is being applied, but there’s no need to amend the law about bail. He said it. So now, if he directs me, how can he say I have persuaded him? Somebody whom you direct cannot persuade you.
I want you to understand this. And I came out with a whole practice direction about bail—so many pages to help judicial officers. What do you need to look for? The first thing is, ‘If I release this one on bail, is he/she likely to come back and face trial?’ You can then consider other things. Are there people who can stand for him? Does he have a place of abode? Then what is the nature of the crime?
If a Member of Parliament is arrested for whatever reason, you debate, ‘Is he likely to come back for trial, or is he likely to run away?’ And that’s how Bobi Wine was granted bail. How do you think that a presidential candidate can run away from the country because he is being charged with breaching Covid-19 laws?
So that is the argument in the mind of the judicial officers. Then, the other considerations—you may take all these others, but then the State can bring evidence. If you release this person, he is going to interfere with witnesses. The court has got to look into all that because the court does not look at the case of the accused person only. It looks at the case of the public because the DPP prosecutes on your behalf.
For the rest of Buganda, even if the incident takes place in Kalangala, the DPP is prosecuting on behalf of the people of Uganda. So, the judicial officer has to weigh: He is likely to come back for trial. Yes. He has a fixed place of abode. Yes. He has strong sureties who can assure the court, and there are witnesses.
The evidence brought by the State is very strong, and he has not countered the fear that he will interfere with witnesses. Then the court will say, ‘Of now, I will not grant bail because of this.’ Then as the judicial officer, it is a discretion that you do so as of now, I will not grant you bail and ask the State, how long are you going to complete the investigation? Then they will say, ‘One month.’ You say, ‘No, in two weeks’ time, if you are not ready to proceed, I will release him.’
These are discretions the judicial officer has. It is not that if you apply for bail, you must be granted bail. No, for goodness’ sake, you are an accused person. You are more than just being a suspect. So the judicial officer has to weigh all this. He does not weigh in favor of you or the State, but he balances and says, ‘Look, will there be a trial, a successful trial?’ Then he looks at all those considerations.
To become a judicial officer, you take an oath, and there are four very important elements. You should not render justice out of fear. You should not fear to say no or yes to whoever. My understanding of the law and the evidence before me is that you are wrong, she is right. A judge should never fear, and when I say a judge, it goes down to the magistrate. The judge can be absolutely wrong, by the way—understanding the law might be erroneous—but that is for the Superior Court to deal with. So never fear, and never favour anyone. If you are on the side of the law, I give you judgment that is not a favour. I have only pronounced that the law backs you.
There were concerns on social media about the denial of bail to the late Seggirinya, which they blamed his death on. What is your take on the matter?
The Bobi Wines of this world, the Ssemakaddes of this world, the other fellow who told people he was going for witch doctors in Lake Victoria, Male Mabirizi, and others were talking ill of me and other people. They can say all sorts of things about me, about judicial officers, about Musa Ssekana. But when they appear before me—in any case, the test of me being a true judicial officer is that all that vanishes from my mind. In other words, I should never bear ill will against somebody who has harmed me. That is how judicial officers work, and that is the beauty of being a judicial officer.
The moment Ssemakadde comes before me after abusing me, Mabirizi, or others, and then I say, “Now I have got you,” then I am not a judicial officer. Whatever they want to say, and if it will help them, let them continue. However, the Judiciary will focus on doing professional work. The only thing that would bother me is my conscience. If I do something that would make my conscience short of me, it would bother me. But if you choose to shout at me, please, if it makes you healthy, go ahead. But I will continue to do my professional work, and you know, if you come before me tomorrow, I will treat you as if you have never said a word. I will actually be blind; I will never know you.
And if the law is on your side, I will give you justice. If the law is against you, I will convict you. And people will think, “Oh, it is because of that.” But I can assure you—and that is why I told you—Bobi Wine was saved by us, and he had said all sorts of things about me, but we saved him. The worthless Judiciary of Uganda saved him twice, not once.
Standpoint: If the law is on your side, I will give you justice. If the law is against you, I will convict you. And people will think, “Oh, it is because of that.” But I can assure you—and that is why I told you—Bobi Wine was saved by us, and he had said all sorts of things about me, but we saved him. The worthless Judiciary of Uganda saved him twice, not once.– Chief Justice Alfonse Owiny-Dollo