City Lawyer Male Mabirizi has petitioned the Principal Judge
seeking to allocate his two pending cases to a High Court Judge other than Musa
Ssekaana on Tuesday issued a warrant of arrest directing
every police officer to arrest Mabirizi upon sight and be taken to prison to
serve his 18 months’ jail term for contempt of court.
This stemmed from a letter by Attorney General Kiryowa
Kiwanuka to the High court to seeking to find Mabirizi guilty of contempt of court
because of his continuous social media attacks on judicial officers despite a
court order issued on January 27th, 2022 cautioning him to stop.
However, in his petition to the Principal Judge Dr. Flavian Zeija,
Mabirizi who is on the run but his petition has already been received by the
Principal Judge, he contends that on February 10th, 2022 he filed two
applications one seeking to stay execution of Ssekaana’s last month’s orders and
another for an Interim stay of execution. But up to now, Mabirizi states that the two applications have never been
fixed for hearing.
"To my surprise, on February 15th 2022, the Judge
entertained letters filed in Court on February 14th, 2022 and ordered that I be
arrested and imprisoned for 18 months , without giving me time to make
responses yet my lawyer informed him that I had no time to respond because that
day I was appearing with Attorney General himself and almost a dozen of his
staff in East African Court of Justice Appellate Division Application number 2
of 2022 Male H Mabirizi Vs Attorney General of Uganda," reads the petition
Mabirizi adds that he has also filed the application to set
aside the exparte order and stay of execution but he is afraid that they will
also not be allocated or fixed.
"As the head of court, I pray that you allocate
these files to a judge other than
Ssekaana Musa who is mentioned in letters and affidavits by Attorney General as
the person who allegedly was offended by my letter to Uganda Judicial Officers
Association and alleged posts on www.twitter.com so that justice is seen to be
done", adds the petition.
Prior to his petition to the Principal Judge, Mabirizi
earlier on Thursday filed three applications seeking to stay execution of
Ssekaana's orders and another to quash them in the Civil Division of the High
Court where Ssekaana is the administrative head.
Mabirizi argues that on the day Ssekaana ordered for his
arrest, his lawyers requested him to first determine an application seeking for
his recusal since the presiding Judge was the one mentioned in Attorney
General's letter; but he remained silent.
According to Mabirizi, his lawyers objected that the
Attorney General's application was made in a letter format, contrary to the
legally provided procedure, but Ssekaana still overruled his lawyers, ignored
other requests including to first handle his pending applications, thereby denying
him a right to fair hearing.
"I know that the Judge having received my stay
applications earlier but went ahead to determine letters with imprisonment of
18 months is clear indication that the Court refused to hear my applications
hence the need for this court to exercise its jurisdiction," says Mabirizi.
Speaking to Uganda Radio Network, the Uganda Police is
already hunting him down for arrest and they already raided a home of his friend
at Makerere Kawempe Division on Tuesday but they found when he had just left therefore
he wants the Principal Judge to intervene in his issues.
//Cue in: “Mutegezeza Purinsipo jaji…..
Cue out: ….bujamala bubewo”.//
//Cue in: “But today i…
Cue out: ..denied to me”.//
Meanwhile, Mabirizi has petitioned the Inspector General of
Government Beti Kamya seeking to be given information related to Ssekaana's
wealth declaration documents such that he can prosecute him.
Mabirizi notes that he has information that Ssekaana has
allegedly acquired illicit accumulation of wealth within and outside Uganda
since he became a Judge four years ago allegedly through illicit, corrupt and
fraudulent Administration of justice where he says parties before him have
options either to pay in cash or kind.
Ssekaana and Mabirizi's woes started way back in 2019
during the hearing of an application challenging the decision by Justice Simon
Byabakama to continue working as the Electoral Commission Chairperson
without relinquishing his powers as a Justice of the Court of Appeal.
In the proceedings, Ssekaana told Mabirizi to
submit his rubbish when he accused him of bias. Mabirizi vowed never to appear
before Justice Ssekaana voluntarily.