The opinion was issued amid social media debate over whether Dr. Muganga's reported dual citizenship status affects his eligibility to serve in government.
Ssemambo argues that dual citizenship, which is recognized under Article 15 of the Constitution, does not diminish the rights, duties or obligations of a Ugandan citizen.
According to the lawyer, a person who acquires or retains Ugandan citizenship while also holding citizenship of another country remains entitled to all constitutional rights and remains bound by all duties owed to Uganda.
“Dual citizens assume all duties and enjoy all rights under the Constitution just like any other Ugandan citizen,” Ssemambo states.
The lawyer further cites Article 80 of the Constitution, which provides for qualifications for election as a Member of Parliament, and Article 113, which provides that ministers are appointed from among Members of Parliament or persons qualified to be elected Members of Parliament.
Ssemambo notes that while Article 102 restricts eligibility for the presidency to citizens by birth, the Constitution does not expressly impose a similar citizenship limitation on ministerial appointments.
According to official records, Dr. Muganga was born in Mukono District in 1976 and is a citizen of Uganda by birth.
The debate has also drawn attention to Article 15(7) of the Constitution, which provides that Parliament shall prescribe by law the offices of state that may not be held by persons who possess citizenship of another country in addition to Ugandan citizenship.
Article 15(7) states: “Parliament shall, by law, prescribe the offices of the State which a person who holds the citizenship of another country in addition to citizenship of Uganda is not allowed to hold.”
Pursuant to that constitutional provision, Parliament enacted the Uganda Citizenship and Immigration Control Act, which lists a number of offices that dual citizens are not permitted to hold. Among those offices are Cabinet ministers, Ministers of State and members of the National Citizenship and Immigration Board.
In his opinion, however, Ssemambo argues that Article 2 of the Constitution establishes constitutional supremacy and renders any law inconsistent with the Constitution void to the extent of the inconsistency.
The lawyer concludes that dual citizenship, in itself, does not extinguish the constitutional rights of a Ugandan citizen and maintains that Dr. Muganga's appointment is supported by the Constitution.
The discussion has renewed public interest in Uganda's dual citizenship framework, which was introduced to allow Ugandans living abroad to retain ties with their country while contributing skills, experience and investment to national development.