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Mabirizi petitions judicial service commission over justice Ssekaana’s conduct

Justice Musa Ssekaana

Kampala, Uganda  | THE INDEPENDENT |  City Lawyer Male Mabirizi has petitioned the Judicial Service Commission seeking an order removing Civil Division Judge Musa Ssekaana from the Office of the Judge due to alleged misconduct. 

Mabirizi accuses Justice Ssekaana for misconduct and being incompetent especially when he was handling a case challenging holding of the Position of Electoral Commission Chairperson by Justice Simon Byabakama without resigning as a Justice of the Court of Appeal.

The case which Mabirizi had filed in August 2019 was eventually dismissed last week  on grounds that it was wrongly filed since it ought to have been filed at least within the first three months when Byabakama was appointed in the Electoral Commission office.

However, Mabirizi contends that on December 17th 2019 during the hearing of the said case, Justice Ssekaana said multiple times that he (Mabirizi) was submitting rubbish before him and later Ssekaana treatened to throw him out of court and send him to prison.

The City Lawyer wanted Ssekaana to rescue himself from the case against Byabakama because he was reportedly not going to deliver Justice since he had previously worked as a lawyer of the Electoral Commission. 

Most of the prominent cases where Justice Musa Ssekaana previously represented Electoral Commission include that when Asol Kabagambe sued the Electoral Commission for nominating Dr Kizza Besigye for the 2006 presidential elections, while in prison and the election petition of Muwanga Lutaaya against Kenneth Lubogo.

Further, Mabirizi adds that on January 21st 2020, Ssekaana made a ruling in which he refused to recuse himself from the matter having admitted that he worked for Electoral Commission as an external lawyer since 2001.

“The same Judge has remained practicing law in his law firm of Ssekaana Associated Advocates where he frequents it’s office,” reads the Petition in part. Now Mabirizi argues that the above conduct does not only amount to misconduct and incompetency but also Judicial Fraud and Justice Ssekaana must hence be removed.

The Judicial Service Commission has acknowledged receipt of the petition in question. Justice Ssekaana who was appointed a High Court Judge in 2018 has since ruled that he took a Judicial Oath to be independent and no one can ever influence his court decisions.

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