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Nov 24th, 2024

ULS President Ssemakadde axed. Can his expulsion stand?

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Ssemakadde is accused of using foul and derogatory language against the DPP, Jane Frances Abodo, and Attorney General Kiryowa Kiwanuka

By Our Reporter

The Uganda Law Society (ULS) President Isaac Ssemakadde and his deputy, Anthony Asiimwe, have been expelled from the ULS council just two months after taking office. The expulsion, detailed in Council Order No. 001 of 2024, was issued on Saturday by Philip Munaabi, the ULS Honorary Secretary. The move is aimed at safeguarding the society's reputation amid allegations of misconduct.

Reasons for expulsion
Ssemakadde is accused of using foul and derogatory language against the Director of Public Prosecutions (DPP), Jane Frances Abodo, and Attorney General Kiryowa Kiwanuka. On his part, Asiimwe is alleged to have unlawfully handled online bank approvals for ULS, despite not being an authorized signatory. He is also accused of spreading allegations of a witch-hunt against ULS staff, creating a management crisis within the association. 
Munaabi’s letter further prohibits Ssemakadde, Asiimwe, and their agents from accessing ULS offices, warning that any attempts to do so will result in criminal charges. 
Munaabi has since assumed leadership of an internal caretaker committee to oversee the association, a move critics have described as a "coup."

Council justification
Geoffrey Turyamusiima, a ULS council member representing Buganda Region, explained that the resolution was passed by a majority vote during a meeting of eight council members. Six members supported the decision, while the council’s full composition of 10 members has been reduced due to the suspension of the Attorney General and Solicitor General.

Legal basis questioned
Asked under what law the expulsion was carried out, Turyamusiima vaguely cited the Constitution of Uganda and the new radical Bar policy, without specifying the provisions. The expulsion follows public outcry from former ULS presidents, led by Prof. Frederick Ssempebwa, who condemned Ssemakadde’s derogatory remarks and called for action from the Uganda Law Council. Ssemakadde is currently on sick leave after facing backlash from the government, legal professional bodies, and MPs from the Karamoja region over his viral video criticizing DPP Abodo.

Divided reactions
The expulsion has sparked mixed reactions among lawyers. Silver Kayondo commended the decision, applauding the council for restoring public trust and confidence in ULS. “We cannot be reduced to a theatre of comedy,” Kayondo remarked. However, others, including former ULS president Francis Gimara, argued that the council lacks the authority to expel the president and vice-president. 
“ULS is not a community-based organization. It has existed for over 60 years and will outlive these internal conflicts. These matters should be resolved in an extra-general meeting. The council does not have the legal mandate to suspend the president and vice-president,” Gimara said.

Luyimbaazi Nalukoola echoed similar sentiments, accusing Munaabi and his team of acting under external influence to undermine the association. “This is an association of learned friends, not pedestrians. The president and vice-president can only be suspended by members at a general meeting,” Nalukoola said. He also lamented the growing influence of national politics within the ULS. Humphrey Tumwesigye added, “The council members lack the powers to expel the president and vice-president.”

Asiimwe responds
When contacted, Asiimwe dismissed the expulsion as baseless and called for calm among ULS members. 
“Members, we are as outraged as you are by the dubious statement issued by Munaabi. Disregard it with the contempt it deserves. I and Ssemakadde are still in charge,” Asiimwe said. 
Efforts to reach Ssemakadde for comment were unsuccessful as his phone was switched off.

Counteraction by Ssemakadde’s Team
In response to Munaabi’s letter, Ssemakadde, Asiimwe, and four other council members — Arthur Isiko, Emmanuel Egaru, Eddie Nangulu, and Samuel Muhumuza — issued a statement announcing the suspension of both Turyamusiima and Munaabi in an electronic meeting held on Sunday.

Legal context
The ULS Act stipulates that a council member can only cease to hold office under specific circumstances, including disqualification, suspension from legal practice, mental incapacitation, conflict of interest, sentencing to death or imprisonment exceeding six months, or removal through a special resolution passed by members at a general meeting. The current standoff has deepened divisions within the ULS, with calls for an extraordinary general meeting to resolve the matter.

Torch Media Africa

Published By | Dickens Tiharihondijo

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