Buganda Road Chief Magistrate’s Court has set September 18 as the date on which it will hear an application filed by exiled Uganda Law Society President Isaac Ssemakadde to halt an ongoing private prosecution against him, arguing that the charges he is accused of are unconstitutional.
According to a notice of motion filed before Chief Magistrate Ronald Kayizzi, Ssemakadde, through his lawyers, wants proceedings in Buganda Road Criminal Case No. 913 of 2024 stayed until the Constitutional Court determines Petition No. 0017 of 2025, in which he challenges Section 115(3) of the Penal Code Act.
“The applicant contends that Section 115(3) is vague, overly broad, and infringes his constitutional rights to equality, freedom of expression, and due process as guaranteed under Articles 21, 29(1)(a) and 43 of the Constitution,” the application partly reads, supported by an affidavit sworn by Brian Akandwanaho.
Ssemakadde further claims there were procedural irregularities in an earlier Kampala High Court Criminal Revision Application No. 2 of 2025, which he says violated his right to a fair hearing and judicial impartiality.
The application cites the conduct of Justice Gadenya Paul Wolimbwa and Assistant Registrar Ssalaamu Godfrey Ngobi as evidence of these alleged violations.
The private prosecution against Ssemakadde was initiated by lawyers Joshua Byamazima and Tony Tumukunde. The charge sheet alleges that on November 18, 2024, at the offices of the People’s Front for Freedom along Katonga Road, Kampala, Ssemakadde uttered derogatory words against the Director of Public Prosecutions (DPP) Lady Justice Jane Frances Abodo, with intent to insult her modesty.
The case has drawn wide public attention, given Ssemakadde’s longstanding confrontations with the judiciary. On February 14, 2025, High Court Judge Musa Ssekaana ordered his arrest to serve a two-year jail term for contempt of court, ruling that “the judiciary cannot sit by as its officers are scandalized with impunity.”
The September 18 hearing will decide whether Buganda Road proceedings against Ssemakadde continue or are stayed pending the outcome of his constitutional petition.
If the stay is denied, the private prosecution led by Byamazima and Tumukunde will resum
