Ssemakadde Sued Again Over AG Kiryowa Expulsion
According to court documents, the plaintiffs contend that enforcing the order could lead to "irreparable harm" to the governance of the ULS.
The High Court of the Civil Division is set to hear a second lawsuit challenging the legality of an executive order issued by Uganda Law Society (ULS) President Isaac Ssemakadde, which expelled the Attorney General and Solicitor General from the ULS council.
This latest legal challenge comes from lawyers Tonny Tumukunde and Joshua Byamaziima, who are seeking a temporary injunction against the enforcement of the order.
The executive order, issued on October 14, 2024, has raised legal concerns.
The applicants argue that it should be suspended pending the resolution of a related case, Miscellaneous Cause No. 228 of 2024.
According to court documents, the plaintiffs contend that enforcing the order could lead to "irreparable harm" to the governance of the ULS.
“The enforcement of Executive Order No. 1 of 2024, which expels the Attorney General, Solicitor General, and their representatives from the council of the Uganda Law Society, should be halted,"they stated.
The applicants have requested that all parties involved appear before the registrar in November 2024 to present their arguments for the injunction, with any costs incurred to be borne by the respondents.
An affidavit from Tumukunde supports their case, emphasizing the importance of maintaining the status quo until the pending suit is resolved.
The controversy surrounding the expulsion stems from Ssemakadde’s assertion that the Attorney General and Solicitor General's positions on the ULS Council are a “colonial hangover” that compromises the organization’s autonomy.
He cited the Prof. Ssempebwa ULS Report (2012), which recommended the removal of these ex officio members as part of his justification for the order.
The decision has elicited immediate backlash from the legal community.
Recently, Lawyer Ivan Okuda characterised the order as an “abuse of power,” likening it to the excesses of former President Idi Amin’s regime.
In a parallel lawsuit, ULS member Robert Rutaro recently also challenged the legality of Ssemakadde’s executive order.
Rutaro’s affidavit claims that the order is “unlawful, null and void,” and “tainted with illegality, irrationality, unreasonableness, and procedural impropriety.”
He argues that the composition of the ULS Council is established by the Uganda Law Society Act, making Ssemakadde’s unilateral actions illegal.
Rutar further alleges that Ssemakadde’s motives may be driven by personal grievances against Attorney General Kiryowa Kiwanuka, citing past public insults and suggesting that the ULS President is seeking revenge for not receiving Kiwanuka’s support in recent elections.
He expressed embarrassment over Ssemakadde’s conduct, stating that his behavior is “disruptive and damaging to the reputation of the ULS,” and warned that without immediate intervention, it could undermine the integrity of the legal profession, placing national leaders at risk of public ridicule.
