By Spy Uganda
The newly elected president of the Uganda Law Society (ULS) has expressed dissatisfaction with how government is handling the case of the jailed National Unity Platform (NUP) supporters including Olivia Lutaaya and others who have been behind bars for four years now.
These political prisoners were arrested before and after 2021 elections and most of them are battling charges of treachery and illegal possession of explosive devices before the General Court Martial in Makindye.
Ssemakadde says ULS generally refrains from commenting on active cases where it is not directly involved, respecting the autonomy of the courts and the parties involved. However, the trial of Olivia Lutaaya and other civilians before the General Court Martial has garnered significant public attention, necessitating a departure from this policy.
“While the ULS has not been formally approached by the individuals, groups and organs of society concerned, the situation has prompted me, as the newly elected President of the Radical New Bar, to address the matter,” says Ssemakadde adding;
“It is my personal view, as documented previously in articles such as, “The Supreme Court has an Owiny Dollo Problem” (The Observer – November 2023) and “Judicial Accountability is a Vain Concept in Uganda” (The Daily Monitor – March 2024), that the top court’s delay and/or failure to terminate the trial of civilians in military tribunals represents a grave human rights violation and a breach of the 1995 Constitution of the Republic of Uganda. Such tribunals lack the fundamental safeguards of courts of judicature established in terms of Article 129, and their use in relation to civilians undermines the rule of law and judicial independence.”
He says Olivia Lutaaya and her colleagues are victims of a compounded state failure for which the permanent solution is demilitarization of law enforcement and administration of justice in present-day Uganda. He says this can only end if all democracy-loving Ugandans spoke in unison that “enough is enough!”
“We must effectively denounce and deter the militarisation of our judicial system. The nation must wake up to the Kiryowa Kiwanuka – Owiny Dollo cancer that has brought us here,” Ssemakadde further fumes;
“In specific response to the recent reports of a change of plea by Olivia Lutaaya and some of her co-accused in this case which has sparked heightened public interest, I have instructed an expert to reach out to their legal representation, if any, to conduct an assessment of the proceedings, while respecting the privacy and autonomy of the accused persons.”
Mr President believes that this assessment will inform the future position of the ULS on this matter.
“We urge the public to remain calm and patient as we work to fully understand the situation and consider the best course of action,” Ssemakadde added quoting Benjamin Franklin who said,”Justice will not be served until those who are unaffected are as outraged as those who are.”Â
Meanwhile, these come at a time when these jailed Ugandans have already pleaded guilty to charges of treachery and illegal possession of explosive devices.
The group that pleaded guilty alongside Lutaaya includes Rashid Ssegujja, David Mafabi, Robert Christopher Rugumayo, Muhydin Kakooza, Abdul Matovu, Mesearch Kiwanuka, Simon Kijambu, Ibrahim Wandera, Stanley Lwanga, Steven Musaakaru, Ronald Kijjambu, Asubat Nagwere, Livingstone Katushabe, Matovu Sharif, and Swaibu Katabi.
