Principal Judge Directs Ssekaana To Hear Mabirizi’s Pending 32 Files

Posted by: Eninu William in Uganda news May 27, 2023

The Principal Judge Dr. Flavian Zeija has asked the head of the Civil Division of the High Court Justice Musa Ssekaana to ensure that all 32 files of different cases filed by lawyer Male Mabirizi are reallocated and heard.

In a letter dated May 10th, 2023, Zeija noted that he received from the Deputy Registrar High Court Civil Division case files filed by Mabirizi at the High Court for reallocation to a Judge outside the Civil Division for hearing.

According to Zeija, after perusal of all the case files, he established that it is only two cases where current judges at the Division recused themselves.

“Therefore, my decision is that those cases will be heard and completed by High Court Civil Division. Where a Judge recused himself or herself from hearing a certain case, it does not by implication exclude him or her from hearing other cases involving the same party. Where the reasons for recusal in one case does not apply in others”, reads the letter.

It adds “We have a total of five Judges at High Court Civil Division. Therefore, if one Judge recuses himself from hearing a particular case, it can be reallocated to another Judge of the Division for hearing and determination.”

According to Zeija, the request to reallocate cases filed by Mabirizi to be heard in a session by a Judge outside the Civil Division is not tenable. This is because the judiciary does not have funds to conduct such a session.

Some of the cases that are pending by Mabirizi include the case in which he sued the Electoral Commission for refusing to give him information seeking the number of voters in Buganda to know how many signatures he should collect when he wants to seek a referendum to decide if Kabaka of Buganda institution is still relevant or should be abolished.

Others include challenging the Appointment of Major Tom Magambo as the CID Director. And the Appointment of Commissioner General of Prisons Dr Johnson Byabashaija for having had his contract renewed and reappointed when he is more than the required 60 years of age, among others.

But mostly, 13 of the 32 files arise from one single case where he sued the Capital Markets Authority -CMA seeking to cancel the license issued to MTN Uganda.

It was this case that resulted in the conviction and subsequent 18 months of a jail term that Civil Division Judge Musa Ssekaana handed to Mabirizi for contempt of court for his actions of insulting judicial officers on social media platforms following decisions by the court that Mabirizi was not happy within that particular case.

Mabirizi has welcomed the directive of the Principal Judge although says justice has been delayed and some of the cases he filed require being determined within 90 years which have since lapsed.

The lawyer has since petitioned the Inspector General of Government-IGG Beti Kamya seeking to be given information related to Ssekaana’s wealth declaration documents such that he can prosecute him.

Mabirizi noted that he has information that Ssekaana has allegedly acquired illicit accumulation of wealth within and outside Uganda since he became a Judge four years ago allegedly through illicit, corrupt, and fraudulent Administration of justice where he says parties before him have options either to pay in cash or kind.

Ssekaana and Mabirizi’s woes started way back in 2019. This was during the hearing of an application challenging the decision by Justice Simon Byabakama to continue working as the Electoral Commission chairperson without relinquishing his powers as a Justice of the Court of Appeal.

In the proceedings, Ssekaana told Mabirizi to submit his rubbish when he accused him of bias. Mabirizi vowed never to appear before Justice Ssekaana voluntarily.

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