By N. N. Ssekikubo
Controversial attention seeking city lawyer, Male Mabirizi, has in another diversionary and frivolous legal stunt dominated headlines in print, broadcast, digital online and social media. Unlike his previous suits, Mabirizi, a self-proclaimed pro change advocate (based on constitutional petition No. 49/2017, Male Mabirizi V Attorney General), has set himself on fire to satisfy suspect interests.
The overzealous lawyer is determined to challenge the credentials of a fundamental change mobiliser and only formidable opposition presidential contender (after Besigye’s bowing out) Kyagulanyi Ssentamu, to block his attempt at ending Museveni’s extended overstay in power.
The exhibitionist (Mabirizi), petitioned the EC and was consequently availed academic documents for Mr. Kyagulanyi, to prove if he’s qualified to stand for president. The documents provided affirmed that the Kyagulanyi has the academic qualifications required to challenge Mr. Museveni for Uganda’s presidency. The gist of his case had clearly lost relevance and thus expected not to pursue it further.
However, like he’s always done, Mabirizi, is determined to build a case on petty ingredients (age and grades) whose prayers will hardly succeed in court. Mabirizi’s case, at the face value may appear to be engagement in usual litigation to uphold democracy and rule of law (as he claims), explaining why majority (NRM leaning) got excited about it. I believe such a case is filed in the public interest. Unfortunately, the response from the public so far, portrays dissatisfaction and feelings of betrayal towards the brilliant lawyer.
This raises a question whether he still claims to represent the public. It reminds me of how the court dismissed his case against the Kabaka for failing to prove that he indeed represents interests of the Baganda as he claimed. He was just an opportunist, a poacher that sought to exploit legal loopholes to acquire huge costs! He lost!
I believe the attention given to this gentleman has surpassed his relevance in the fight for the rule of law. His exaggerations and unfounded prayers in legal suits for the time I have followed him have not achieved any sound contribution to legal practice. Mabirizi invests time and resources to lose cases! What a brilliant lawyer! He has throughout his known legal pursuits wasted his time and resources, the precious time of courts of law that would have helped us clear backlog, tax payers money into arguing cases, which on many occasions judges have declared incompetent and henceforth dismissed.
Engagement in continuous frivolous litigation renders him useless to self, the profession and Uganda. In the judgement of Male Mabirizi V Attorney General, Justice Musa Sekaana strongly warned the young man for engaging in light-minded suits. He quoted the court of India thus, “No litigant has a right to unlimited drought on the court time and public money in order to get his affairs settled in the manner he wishes. Easy access to justice should not be misused as a licence to file misconceived and frivolous petitions,” Budhi Kota Subbarao v K. Parasarab. This perhaps explains why Mabirizi has lost all the high profile petitions because he presents no sound arguments to the court but rather piles of paper and wastage of precious time.
The overrated city lawyer’s professional record reveals much about his personality and his knowledge of the profession. To a layman, a lawyer that loses all his cases is a fake lawyer. The learned fellas will help me describe him professionally. If his is a failure to clearly understand the law, then he is exonerated. But if he intentionally engages into cases well aware of the end results, then he is at the verge of his professional limbo (if at all he has a legal career). It is unfortunate that Mabirizi has decided to ditch the optimism for change for selfish interests, against the principles he’s so much pretended to treasure.
I’m convinced that Mr. Petitions has no audacity to preach morality as he claims. Much as he had the right to drag the Kabaka to court (for selfish interests btw), Male on numerous occasions has publicly insulted and degraded the Kabaka of Buganda. I have also followed, the lack of respect for others in response to those that disagree with him. This renders him unfit to pursue a case of misconduct regarding discrepancies in Kyagulanyi’s date of birth. It is important to note that legal brains have already warned him against this suit and hes thus headed for another legal repulsion.
It is of great importance that Mr. Mabirizi declares his interests (under oath) in a case of this nature. I believe he is likely to find it hard dissociating himself from the kissing the junta. A section of the population is already convinced that this case is sponsored. A case that is against social interest and public good only serves interests of the oligarchy. I hope the court shall expeditiously dismiss his petition to save the country series of other petitions that may arise from it.