High Court Halts Prosecution of ULS President Ssemakadde in DPP Insult Case

The High Court in Kampala has today issued a significant stay of proceedings in the criminal case against Isaac Ssemakadde, the President of the Uganda Law Society (ULS). The case, brought by private prosecutors Joshua Byamazima and Tonny Tumukunde, accuses Mr. Ssemakadde of insulting the modesty of the Director of Public Prosecutions (DPP), Lady Justice Jane Frances Abodo.

Criminal Division Judge Paul Gadenya granted the stay pending the High Court’s decision on Mr. Ssemakadde’s application to quash the charges. In his ruling, Justice Gadenya emphasized the need to safeguard Mr. Ssemakadde’s fundamental rights and prevent potential irreparable harm and malicious prosecution.

“The applicant emphasises maintaining the status quo until the revision application is resolved. This argument underscores the need to prevent the potential violation of the applicant’s right to liberty that could arise from continuing the lower court’s prosecution,” Justice Gadenya stated.

While acknowledging the concerns raised by the private prosecutors regarding potential delays and the efficiency of the judicial system, Justice Gadenya asserted that the balance of convenience leaned in favor of Mr. Ssemakadde. He reasoned that the potential infringement on Mr. Ssemakadde’s rights outweighed the prosecutors’ claims of harm.

“The respondents’ claims of harm do not carry the same immediacy or risk of damage compared to the applicant’s concerns,” the judge added.

The case originated in the Buganda Road Chief Magistrate’s Court, where Chief Magistrate Ronald Kayizzi had previously issued an arrest warrant for Mr. Ssemakadde after he failed to appear in court, having challenged the initial criminal summons. Mr. Ssemakadde has since remained out of public view, with his communication primarily limited to social media.

The private prosecution stems from a complaint filed on oath by Mr. Byamazima and Mr. Tumukunde on November 22nd, 2024. They allege that Mr. Ssemakadde made obscene and indecent remarks about DPP Abodo during a symposium on November 18th, 2024. Evidence presented by the prosecutors included a video recording of the alleged utterances, which contained disparaging phrases.

Mr. Ssemakadde had defied two summons to appear in the lower court, opting instead to challenge the proceedings in the High Court. This legal maneuver ultimately led to the private prosecutors successfully obtaining an arrest warrant against him.

This is the second arrest warrant issued against the outspoken ULS President in recent times. The first warrant was issued on February 14th, 2025, by then Civil Division Judge Musa Ssekaana (now a Constitutional Court/Court of Appeal Judge) on charges of contempt of court.

This stemmed from Mr. Ssemakadde’s criticism of Judge Ssekaana on social media following the judge’s decision to block the ULS’s Extraordinary Annual General Meeting. Judge Ssekaana subsequently convicted Mr. Ssemakadde and imposed a two-year jail term, a decision that has been met with considerable criticism regarding the judge’s impartiality. Mr. Ssemakadde remains at large concerning this contempt conviction as well.

Justice Gadenya has now directed all parties involved in the DPP insult case to file their written submissions by May 7th, 2025, with a judgment on Mr. Ssemakadde’s application to quash the charges expected thereafter. This stay of proceedings introduces a new layer of complexity to the legal saga surrounding the embattled President of the Uganda Law Society.