Constitutional lawyer Ivan Bwowe has challenged the Buganda Road Magistrate’s Court, arguing that it lacks the jurisdiction to direct the International Criminal Police Organization (Interpol) to arrest Uganda Law Society President Isaac Ssemakadde.
Bwowe stated that a magistrate’s court cannot issue orders beyond Uganda’s borders. “For example, if there is a warrant of arrest, police in Moroto can arrest Ssemakadde and bring him to Kampala, but they have no authority to arrest someone outside Uganda,” he explained.
He criticized the court’s decision, calling it a “deficit of common sense.” According to Bwowe, there are specific legal steps and requirements that a higher court must follow to issue an Interpol arrest warrant, particularly in cases involving war crimes, crimes against humanity, genocide, human trafficking, money laundering, and other serious offenses. He further noted that Interpol cannot extradite someone facing political persecution in their home country.
If Ssemakadde is outside Uganda, authorities may seek an international arrest warrant, commonly known as a Red Notice, through Interpol. A Red Notice is a request issued by a country’s judicial authority to Interpol, asking law enforcement agencies worldwide to locate and detain a suspect for extradition.
However, while Interpol facilitates international cooperation, it does not have the power to enforce arrests. If Ssemakadde is in a country that recognizes Interpol Red Notices and has an extradition agreement with Uganda, he risks being detained and deported. Nevertheless, individuals can challenge extradition on political or legal grounds.
Ssemakadde went into hiding after he was convicted and sentenced to two years in prison for contempt of court last month. Chief Magistrate Ronald Kayizzi issued an order for his return to face trial on charges of insulting the modesty of a woman, specifically the Director of Public Prosecutions (DPP), Jane Frances Abodo.
During a court hearing on Wednesday, Kayizzi inquired whether Ssemakadde had been arrested as per the previous order. Private prosecutors Tony Tumukunde and Joshua Byamazima informed the court that he was still on the run. They explained that after the arrest warrant was issued in February, they served him through his lawyers at GEM Advocates and also notified the Inspector General of Police (IGP). However, Ssemakadde failed to comply and did not appear in court.
As a result, the prosecutors applied for an international arrest warrant to be executed by Interpol in any country where he may be residing. In response, Magistrate Kayizzi ordered Interpol to arrest Ssemakadde and bring him before the Kampala-based court on April 16, 2025, without fail.
Ssemakadde’s legal team and human rights advocates are expected to challenge the order, citing concerns over jurisdiction and the potential misuse of international legal mechanisms for political purposes.