By Ben Musanje
Uganda Law Society (ULS) President Isaac Ssemakadde has sharply challenged President Yoweri Museveni over his public comments on the ongoing trial of opposition leader Dr. Kizza Besigye, while simultaneously calling on the Judiciary to publicly denounce what he described as executive interference in an active court case.
In a strongly worded statement issued on Saturday, Ssemakadde said the President’s latest remarks on Besigye’s criminal case and his renewed push to abolish bail amounted to interference with judicial independence and violated constitutional principles governing the separation of powers.
The ULS President demanded that Museveni immediately stop making public comments on ongoing court proceedings, including Besigye’s trial, and refrain from attempting to influence judicial decisions on bail.
At the same time, Ssemakadde urged Chief Justice Alfonse Owiny-Dollo, the Judiciary’s top management and judicial associations to openly condemn the President’s remarks, arguing that judicial officers have a constitutional duty to defend the independence of the courts whenever it comes under threat.
“The Judiciary must unequivocally condemn this executive interference,” Ssemakadde said, arguing that silence from judicial leaders would undermine public confidence in the administration of justice.
His statement followed President Museveni’s brief televised address to the nation on Saturday in which the President defended the continued refusal to grant Besigye bail and questioned why the opposition leader’s trial had taken more than 20 months without commencing fully.
Museveni suggested that Besigye’s lawyers had deliberately frustrated the trial through repeated legal applications, saying the courts had allowed unnecessary delays and what he described as courtroom theatrics.
The President also renewed his longstanding proposal to abolish bail, arguing that suspects charged with serious offences should remain in custody until their cases are concluded.
His remarks immediately attracted criticism from legal circles, with Ssemakadde arguing that they amounted to sub judice commentary because the matters remain before competent courts.
According to the ULS President, Museveni’s public discussion of Besigye’s conduct and the merits of the ongoing proceedings prejudiced the accused’s constitutional right to a fair trial while creating the perception that the Executive was directing judicial outcomes.
He further argued that the President’s comments compounded existing concerns arising from previous public statements made by Chief of Defence Forces Gen. Muhoozi Kainerugaba, which have already featured prominently in legal arguments alleging intimidation and violations of Besigye’s constitutional rights.
Ssemakadde maintained that bail is exclusively a judicial function protected under Articles 23 and 28 of the Constitution, which guarantee personal liberty and the presumption of innocence.
He warned that any attempt to abolish bail through executive influence would violate both Uganda’s Constitution and international legal standards, including the United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo Rules), the African Commission’s Luanda Guidelines, and the UN Basic Principles on the Independence of the Judiciary, all of which recognize pre-trial detention as an exceptional measure rather than the norm.
The ULS President further challenged the Judiciary to emulate the position previously taken by Chief Magistrate Sheilla Gloria Atim in Uganda versus Miria Matembe, where the court emphasized the need to protect judicial proceedings from external interference.
Ssemakadde argued that judicial officers should not hesitate to publicly defend the institution’s independence whenever it is threatened by statements from any arm of government, including the Executive.
Beyond the Judiciary, the Uganda Law Society also called on government to address what it described as deeper structural problems affecting the justice system instead of targeting constitutional safeguards such as bail.
According to Ssemakadde, Uganda’s justice sector continues to grapple with delayed trials, political persecution, corruption, weak witness protection mechanisms and undue military and executive interference in judicial processes.
The latest confrontation comes amid sustained criticism directed at the Judiciary over Besigye’s continued detention.
Human rights organizations and legal activists have questioned why the veteran opposition politician has repeatedly been denied bail despite numerous applications before the courts.
Museveni’s intervention has further fueled concerns among critics who argue that judicial officers may now find it even more difficult to exercise independent discretion in politically sensitive cases after the President publicly justified Besigye’s continued incarceration.
During his televised address, Museveni also questioned why the Uganda Law Society, religious leaders and civil society organizations frequently criticize government actions while remaining silent about what he described as provocative conduct by opposition politicians.
The President defended the conduct of security agencies and his son, Gen. Muhoozi Kainerugaba, arguing that security forces had generally exercised restraint despite repeated provocation from political opponents.
He also rejected comparisons between the current political climate and the era of former President Idi Amin, arguing that unlike during Amin’s regime, suspects today are prosecuted before courts of law rather than subjected to extrajudicial killings.
However, Museveni made no reference to concerns surrounding the recent denial of entry into Uganda for Kenyan Senior Counsel Martha Karua, who had travelled to join Besigye’s defense team, nor did he address complaints regarding the treatment of Besigye’s lawyers, including Erias Lukwago.
Ssemakadde concluded that the Uganda Law Society remains committed to defending constitutionalism, the rule of law and judicial independence, warning that continued executive commentary on pending criminal cases risks eroding public confidence in Uganda’s courts and weakening the constitutional separation of powers. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
