Lawyer Ssemakadde petitions court, challenges his criminal charges
By Ruth Anderah
Lawyer Isaac Ssemakadde has petitioned the Buganda Road Chief Magistrates Court seeking to quash the charges of offensive communication preferred against him in connection with the allegations of abusing High Court Judge Musa Ssekaana.
The said charges were instituted against Ssemakadde by private prosecution led by lawyer Robert Rutaro Muhairwe.
Rutaro accuses Ssemakadde of attacking Judge Ssekaana after he(Ssekaana) made a decision directing lawyer Male Mabirizi to pay a fine of 300 million shillings for contempt of court because of attacking judicial officers on his social media platforms.
According to Rutaro, in reaction to that decision, Ssemakadde reportedly used his Twitter handle @isaacSsemakadde and made defamatory and demeaning utterances against Ssekaana.
He quotes Ssemakadde to have posted ” the Judge has either a small brain or small penis but neither of his Lordship’s inferiorities will be cured by the Ugx 300 million fine imposed on our rule of law champion. Judiciary UG shd do more to restrain its ‘young turks’ from embarrassing the institution.”
According to Rutaro, the statements attributed to Ssemakadde are ridiculous, tantamount to criminal libel, and are clearly intended to lower the self-esteem and confidence of Justice Ssekaana, embarrass and shame him, and lower his reputation among the right-thinking members of the society.
However, in his application filed today, Ssemakadde through his lawyers of Walyemela and Company Advocates, Thomas and Michael Advocates and Gem Advocates, wants the said charges to be set aside on grounds that the summons was issued against him without following due process of the law and as such they are invalid.
Ssemakadde notes that the Buganda Road Court has no jurisdiction to try him on the offenses alleged to have been committed via an online platform in the virtual space and that there is already an ongoing investigation process in the Police that hasn’t yet been concluded.
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