MASAKA – Jailed city lawyer, Hassan Male Mabirizi has petitioned Masaka High Court seeking to halt the criminal trial of Kawempe North MP, Muhammad Ssegirinya as well as his Makindye West counterpart, Allan Ssewanyana – until the Constitutional Court determines his petition challenging the legality of new charges preferred against the duo.
The two legislators are jointly charged together with Wilson Ssenyonga for among others murder, attempted murder, terrorism and abetting terrorism acts. In his petition, which the Masaka High Court registrar acknowledged receiving on Friday, Mabirizi wants the court to halt the planned hearing of the accused’s third bail application.
On Tuesday, Masaka High Court Resident Judge, Lawrence Tweyanze fixed between February 13 and 15, 2023 as then date for hearing and determining the legislators’ bail applications – ahead of their prosecution.
However, in his application, Mabirizi argues that he had petitioned the Constitutional Court and sued the Director of Public Prosecution-DPP; the Attorney General for slapping additional charges against the legislators – moments after they were released on bail for murder in September 2021.
When the police re-arrested the MPs in September 2021 – the DPP instituted additional charges of murder and terrorism – claiming that detectives had obtained evidence pinning them for the murder of Joseph Bwanika on August 2, 2021.
In his Constitutional Court petition, Mabirizi argues that the additional charges brought on a different criminal file amounts to political persecution, which he insists is unjustifiable in a free and democratic society and the interpretation of the constitutional court.
He also contends that the additional charges deprived the MPs of Ugx20m – they each had paid for bail, arguing that this shouldn’t have been the case had the state presented an amended charge sheet without necessarily re-arresting the MPs.
Mabirizi wants the trial against the legislators halted until his constitutional court petition is determined.
“There is a threat of conducting the proceedings before the determination of the petition since the matter is now fixed for hearing between February 13 and 15, 2023. The applicant together with the two MPs will suffer irreparable injuries if the application is not granted,” he indicated.
According to Mabirizi, his constitutional court petition has come up for hearing twice but could not take off because three Justices of the panel disqualified themselves but Court promised to re-fix it as soon as possible. He prefers that the hearing date of his petition be fixed before February 13, 2023 such that events do not overtake it.
“I also request for a production warrant addressed to the In-charge of Luzira upper prison to enable me to argue the application since I represent myself,” he adds in the application.
The Masaka High Court Registrar, Julius Borore was yet to pronounce himself on Mabarizi’s application.
Notably, in his submissions when he appeared before Masaka High Court on Tuesday last week, Masaka Principal State Attorney, Richard Birivumbuka indicated that they were ready to proceed with the trial of the accused persons. He, however, asked the court to allow the prosecution to first argue the terrorism matter in the International Crimes Division of the High court in Kampala before the suspects are tried in Masaka.
In February this year, Justice Musa Ssekaana sentenced Male Mabirizi to prison for 18 months over contempt of court after Attorney General; Kiryowa Kiwanuka had filed an application to have him committed to civil remand over the same.
Mabirizi is known for strongly criticising Uganda’s judicial systems – and most times demanding the recusal of those presiding in cases where he is involved – the very reason – he ended up in Kitalya prisons about a year ago.
Almost everyone – conversant with the affairs of Uganda’s judicial systems have heard about Male Mabirizi due to his antics – including dragging the most respected Kabaka of Buganda to court.
Despite graduating from Makerere with a law degree – he declined to acquire a practice certificate from the Law Development Centre – which is a norm. Nevertheless, he appears for himself in one legal action after another, most often unsuccessfully.
