Justice Musa Ssekaana of the High Court in Kampala has sentenced Isaac Ssemakadde, president of the Uganda Law Society (ULS), to two years in prison for contempt of court.
The sentence comes after Ssemakadde made derogatory remarks about Justice Ssekaana and the judiciary on social media, targeting the ongoing legal proceedings. The application was filed by Hashim Mugisha, who accused Ssemakadde of disrespecting the court and discrediting the trial judge with offensive posts, including on the platform X (formerly Twitter).
Ssemakadde’s posts included claims of an “unholy alliance” between the judge, the Attorney General, and members of the Uganda Law Society, along with other defamatory remarks. One tweet referred to Judge Ssekaana as a “small penis” and falsely accused him of sexual harassment.
An arrest warrant has been issued for Ssemakadde, following the court’s decision.
In his ruling, Justice Ssekaana emphasized that contempt of court includes actions or statements that diminish the dignity or authority of the judiciary. He pointed out the growing influence of social media, where individuals can attack judges and influence ongoing cases.
“The protection of courts from such attacks, especially while cases are pending, is crucial,” the judge said. “Acts like these, particularly from prominent legal figures, damage public trust in the judiciary.”
Justice Ssekaana further clarified that while free speech is a fundamental right, it should not be exercised in ways that disrupt public order or the authority of the State. He stressed the importance of judicial independence and asserted that personal attacks on judges should not be mistaken for legitimate criticism.
“Defamatory or intimidating statements intended to sway judicial decisions cannot be tolerated,” he ruled. “Such contempt of court tarnishes the justice system and erodes the public’s confidence in judges appointed to uphold the law.”
Ssemakadde’s actions were particularly concerning given his position as a legal professional and leader of the Uganda Law Society. Justice Ssekaana noted, “Someone with legal knowledge and responsibility as head of the Uganda Law Society should set an example, not incite division and disrespect toward the judiciary.”
Chief Justice Alfonse Owiny-Dollo also weighed in, condemning personal attacks on judicial officers. He warned that those who engage in such behavior would face the consequences. “Criticism is acceptable, but abuse is not,” the Chief Justice said. “Some think they gain stature by attacking the judiciary instead of offering constructive criticism. If the law doesn’t go your way, accept it. We are here to uphold justice and constitutionalism.”
In addition to the two-year sentence, Ssemakadde was ordered to cover the costs of the application. Justice Ssekaana highlighted the severity of the situation, especially considering that Ssemakadde’s comments were aimed directly at a judge involved in a case that was central to his defamation.
This ruling serves as a stark reminder of the limits of free speech and the consequences of undermining the judiciary’s independence and integrity.
