The President of the Uganda Law Society (ULS), Isaac Kimaze Ssemakadde, SC, has filed a motion seeking the dismissal of a private prosecution case brought against him by two lawyers, Byamazima Joshua and Tonny Tumukunde. The case, scheduled for hearing tomorrow at 9:00 am before His Worship Ronald Kayizzi, Chief Magistrate of Buganda Road Court, alleges that Ssemakadde insulted the modesty of a woman, contrary to Section 115(3) of the Penal Code Act.
In a letter addressed to the Director of Public Prosecutions (DPP), Jane Frances Abodo, Ssemakadde’s legal team criticized the complaint, arguing that the intending private prosecutors failed to engage the alleged victim for a victim impact deposition. The letter claims this omission violates provisions of the Magistrates Courts Act and deprives the court of jurisdiction over the matter.
Ssemakadde’s application outlines several grounds for dismissal, asserting that the complaint is frivolous, vexatious, and brought in bad faith. Among the key points raised are:
Insufficient Evidence: The application argues that the complaint and supporting affidavit fail to disclose any prima facie case of the alleged offense.
Victim-Centered Nature of the Offense: It states that without testimony from the alleged victim, the complaint lacks reasonable cause.
False Representations: The complaint allegedly misrepresents the victim, Ms. Abodo, as both a judge and a woman of unimpaired modesty.
Animosity Between Parties: The motion claims the prosecutors, Byamazima and Tumukunde, concealed pre-existing animosity against Ssemakadde, which undermines their impartiality.
Ssemakadde further contends that the complaint is an abuse of court process and a violation of his rights to freedom of expression and opinion. He seeks the court’s dismissal of the case, citing the public interest and the need to prevent misuse of legal procedures.
The case has attracted significant attention within Uganda’s legal community, with Ssemakadde urging the DPP to address the court and support his motion. The outcome of tomorrow’s hearing could set a precedent for how private prosecutions involving public figures are handled in Uganda.
The alleged victim, Ms. Abodo, and the complainants, Byamazima and Tumukunde, have yet to publicly respond to these developments.