City Lawyer Isaac Ssemakadde has chosen not to comply with a summons from Kampala Central Police Station. Instead, he has delegated his representation to lawyers from GEM Advocates. They conveyed to the officers that Ssemakadde plans to appear in court next month regarding a case involving offensive communication allegations.
The invitation to Ssemakadde was extended by the CID Commander for Kampala Metropolitan Police, Detective Assistant Commissioner of Police-ACP Bob Kagarura, on February 23rd, 2024. This summons pertained to a criminal libel case, as detailed in CID Headquarters General Inquiries File 312/2023.
Kagarura clarified that the police’s action stemmed from their duty under Section 27 of the Police Act, which empowers them to request the attendance of individuals possessing relevant information for investigations. Ssemakadde was directed to attend a meeting at CPS on February 26th, 2024, to discuss allegations of criminal libel and offenses prejudicial to judicial proceedings.
However, instead of Ssemakadde, his legal representatives from GEM Advocates attended the meeting and informed the officers that Ssemakadde had previously appeared before the police CID Headquarters on February 28th, 2022, regarding the same matter under a different file. They also pointed out that the allegations had led to charges and summons issued by the Buganda Road Chief Magistrates Court.
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The case in question was initiated by Lawyer Robert Rutaro Muhairwe through Private Prosecution. He accused Ssemakadde of using social media to disparage Civil Division, High Court Judge Musa Ssekaana, alleging that such actions aimed to undermine the judge’s reputation.
Rutaro sought legal action against Ssemakadde for criminal libel, offenses prejudicial to judicial proceedings, and offensive communication. Although the Director of Public Prosecutions (DPP) later assumed control of the case, Ssemakadde contested this decision, arguing against potential double jeopardy and challenging the jurisdiction of the Buganda Road court.
Furthermore, Ssemakadde’s legal team filed a motion to dismiss the charges, which remains pending before the court. Despite the police summons, Ssemakadde’s lawyers emphasized his ongoing engagement with the legal process and his insistence on a fair trial.
In response to the police summons, a statement issued by AGORA, a platform promoting activism and social justice, condemned the irregularity of the summons and suggested it could lead to false imprisonment. They highlighted a series of events suggesting a coordinated effort to harass Ssemakadde, including public statements from the Chief Justice and previous accusations from judicial bodies.
Additionally, the statement underscored Ssemakadde’s involvement as lead counsel in a significant case at the Regional Court in Arusha, further complicating the situation. AGORA labeled the police summons as an affront to procedural fairness and called for the charges to be dropped.
Despite attempts by Ssemakadde’s legal team to address jurisdictional concerns with the court, their efforts were disregarded, prompting further legal action. Ssemakadde’s history as a prominent public interest lawyer adds weight to the ongoing scrutiny of his case and the broader implications for legal proceedings in Uganda.
