Judge Ssekaana Sentences Ssemakadde to Two Years for Contempt

Ssemakadde’s actions were seen as particularly troubling. Justice Ssekaana remarked, "A person knowledgeable in legal matters and elected as the head of the Uganda Law Society should set an example, not incite discord and disrespect toward the judiciary."

Justice Musa Ssekaana of the High Court in Kampala has sentenced Uganda Law Society president Isaac Ssemakadde to two years in jail for contempt of court.

The sentence follows a series of derogatory remarks made by Ssemakadde on social media that targeted the judge and the judiciary over an ongoing legal case.

The application was filed by Hashim Mugisha, who accused Ssemakadde of undermining the authority of the court and discrediting the trial judge with offensive posts, including on X (formerly Twitter).

These comments included accusations of an "unholy alliance" between the judge, the Attorney General, and members of the Uganda Law Society, as well as other disparaging remarks.

One tweet even referred to Judge Ssekaana as a "small penis" and falsely claimed sexual harassment.

Ssemakadde is now subject to an arrest warrant.

In his ruling, Justice Ssekaana stressed that contempt of court involves any act or statement that undermines the judiciary's dignity or authority.

He noted the challenges posed by social media, where individuals can use platforms to attack judges and sway ongoing cases.

"The protection of courts from attacks of this kind where cases are pending is vital," the judge remarked, adding that such actions, especially from prominent legal figures, erode public confidence in the judiciary.

Quoting other rulings, Judge Ssekaana said the right of free speech and the full expression of opinion are valued rights.

"Their preservation, however, depends on the observance of the acceptable limit that they must not be used to undermine public order or morality or the authority of the State," he said.

The court further emphasized the importance of judicial independence, noting that personal attacks on judges should not be confused with legitimate criticism.

While judicial officers can be criticised, defamatory and intimidating statements aimed at influencing judicial outcomes must not be tolerated.

"Contempt of court of this nature carries the exercise of these rights beyond this acceptable limit because it tends to bring the administration of justice into disrepute and to undermine the confidence which the people should have in judges appointed under the Constitution to administer justice in our Courts," the ruling said.

Ssemakadde’s actions were seen as particularly troubling. Justice Ssekaana remarked, "A person knowledgeable in legal matters and elected as the head of the Uganda Law Society should set an example, not incite discord and disrespect toward the judiciary."

Speaking at the New Law Year, Chief Justice Alfonse Owiny-Dollo warned that individuals attacking judicial officers would bear the consequences of their actions.

The Chief Justice condemned what he termed "vulgar, primitive assaults" on the Judiciary, stating that criticism is acceptable but abuse will not be tolerated.

"Someone abuses you, makes you feel stupid, and then comes to your house expecting business as usual," he said.

"People think they have greatness in attacking instead of criticising. The leadership of the Uganda Law Society is trying to drag judicial officers through the mud. If the law doesn’t favour you, accept it. Our duty is to uphold constitutionalism and justice."

In addition to the two-year prison sentence, Ssemakadde was also ordered to bear the costs of the application.

Ssemakadde's conduct is further egregious given that Judge Ssekaana, in his capacity as the trial judge, was the aggrieved party in the very case that prompted the respondent’s defamatory remarks.

This not only scandalised the Judiciary but specifically sought to undermine the authority and impartiality of a judge directly engaged in resolving the legal dispute.

But he will argue that his decision were aimed at punishing Ssemakadde for undermining the judge's ability to perform his duties impartially in a matter directly affecting him.