By Ssentamu Mukasa Ssewandagi
AN OPEN LETTER TO HON. JUSTICE DR. EMMANUEL BAGUMA-A Constitutional Appeal on Judicial Independence, Fair Trial Rights and the Rule of Law
My Lord,
I write this letter with utmost respect for the Judiciary and for the constitutional office you hold. It is not intended to interfere with or influence any proceedings before Your Lordship or any other court. Rather, it is a citizen’s reflection on constitutional principles that belong to every Ugandan.
Article 128 of the Constitution guarantees the independence of the Judiciary. Equally, Article 3 places upon every citizen a duty to defend and uphold the Constitution. It is in the spirit of that constitutional duty that I respectfully write.
Uganda’s constitutional journey has been shaped by painful lessons. One of the principal justifications advanced for the National Resistance Movement NRM’s struggle was the restoration of the rule of law and an end to arbitrary government. The promise was that never again would Uganda be governed by the whims of individuals, but by institutions operating under the Constitution.
That promise found expression in the 1995 Constitution, which declares that all power belongs to the people and that the Constitution is the supreme law binding every citizen and every institution of the State. The Supreme Court has consistently affirmed that no public authority is above the Constitution.
For that reason, judicial independence is more than a constitutional provision, but the foundation upon which every citizen’s confidence in justice rests. Article 128 protects judges from external influence, but it also assures the public that every case will be decided fairly, impartially and strictly according to the law.
The authority of the courts does not rest on coercive power alone. It rests on public confidence that judges will administer justice without fear, favour, affection or ill will.
It is against this constitutional background that the ongoing proceedings involving Dr. Kizza Besigye have attracted considerable public attention and debate. Whatever one’s political opinions may be, the Constitution demands that every accused person enjoys the full protection of Article 28, which guarantees a fair, speedy and public hearing before an independent and impartial court.
Among the most fundamental elements of that right is the opportunity for an accused person to prepare and present a defence through legal representation of his or her choice.
Constitutional safeguards exist precisely because justice must remain available even in the most difficult and controversial cases. Rights are most meaningful when they protect those whose causes are unpopular.
Equally important is the public perception of fairness. The timeless principle remains as relevant today as ever, that justice must not only be done, but must also be seen to be done. Public confidence in the Judiciary depends not only on the correctness of judicial decisions but also on the fairness and transparency of the process by which those decisions are reached.
Whenever court proceedings create public concern about whether an accused person has been afforded the full benefit of constitutional protections, those concerns deserve careful reflection, not because the authority of the courts is questioned, but because public confidence is one of the Judiciary’s greatest assets.
I write also as a graduate of Makerere University School of Law preparing to join the legal profession. Throughout our legal education, we are taught that the Constitution is supreme, that judicial independence is indispensable, and that the courts exist to safeguard rights without regard to status or political affiliation.
Every courtroom serves as a classroom for future advocates. Every judicial decision teaches the next generation what constitutionalism looks like in practice. When courts faithfully uphold constitutional guarantees, they strengthen public trust and inspire young lawyers like me and my colleagues to dedicate themselves to the pursuit of justice.
My Lord, Article 3 reminds every Ugandan that defending the Constitution is not the responsibility of judges alone. It belongs to all of us. Respectful engagement with public institutions, including the Judiciary, is not an act of hostility but an expression of constitutional citizenship. Constructive criticism, offered in good faith, strengthens rather than weakens democratic institutions.
History remembers judges not merely because they decided important cases, but because they remained faithful to constitutional principle when it mattered most. Judicial office is ultimately measured not by power, but by the confidence it inspires in those who seek justice.
It is therefore my respectful hope that Your Lordship’s judicial legacy will continue to reflect the highest ideals of our Constitution, judicial independence, fairness, equality before the law and unwavering fidelity to the rule of law. These are the principles that generations of Ugandans have struggled to secure, and they remain the strongest foundation upon which confidence in our justice system will endure. Respectfully, SSENTAMU Mukasa Ssewandagi LL.B, Makerere University School of Law. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
