The Civil Division of the High Court is now entangled in a legal battle after Uganda Law Society (ULS) President, Isaac Ssemakadde, issued a controversial ‘Executive Order’ expelling the Attorney General and Solicitor General from the ULS Council.
Ssemakadde’s bold move has triggered heated reactions, with one ULS member, Robert Rutaro, taking the matter to court, accusing the new president of abusing his powers.
Uganda’s legal fraternity is in turmoil following the recent actions of Isaac Ssemakadde, the newly elected President of the Uganda Law Society (ULS), who on Monday issued a contentious ‘Executive Order’ that expelled Attorney General Kiryowa Kiwanuka and Solicitor General from the ULS Council.
In what he calls a “necessary step to restore the autonomy of the Uganda Law Society,” Ssemakadde described the positions of these top government officials on the Council as a “colonial hangover” that undermines the independence of the legal body.
Citing the 2012 Prof. Ssempebwa ULS Report, which recommended the removal of ex officio positions of the Attorney General and Solicitor General, Ssemakadde framed his decision as an effort to implement overdue reforms. He announced that he has already lodged a constitutional petition challenging their presence on the Council, describing their influence as incompatible with his vision of a “Radical New Bar.”
However, Ssemakadde’s bold actions were met with immediate resistance. ULS member Robert Rutaro, who believes the executive order is illegal, took the matter straight to the Civil Division of the High Court. In his affidavit, Rutaro described Ssemakadde’s move as “unlawful, irrational, and procedurally improper.”
He argued that the ULS President has no authority to unilaterally expel the Attorney General or Solicitor General from the Council, as the ULS Council’s composition is governed by the Uganda Law Society Act, which can only be amended through legislation not by presidential decree.
Rutaro claims that Ssemakadde’s actions are driven by personal vendetta against Attorney General Kiwanuka. According to the court filing, Ssemakadde’s public outbursts and harsh criticisms of Kiwanuka, who allegedly did not support Ssemakadde’s candidacy in the ULS elections, have tainted his leadership. Rutaro further accused the ULS President of using his office to settle personal scores, adding that Ssemakadde’s behavior, including public insults against other government officials and members of the judiciary, is an embarrassment to the legal profession.
In his affidavit, Rutaro also expressed concern that Ssemakadde’s erratic behavior could spiral further, warning that no public official, including the President of Uganda, is safe from his public ridicule and insults.
He cited the fact that Ssemakadde is currently facing criminal charges at Buganda Road Court for being a public nuisance, further questioning his fitness to lead the ULS.
The petitioner is now urging the court to quash Ssemakadde’s executive order and issue an injunction preventing him from taking similar actions in the future. Rutaro emphasized the potential damage Ssemakadde’s controversial leadership could cause to the legal profession and the broader justice system if left unchecked.
As the legal battle unfolds, the Uganda Law Society finds itself in the eye of a storm. This case will not only determine the limits of the ULS President’s powers but could also have broader implications for the legal profession’s independence and its relationship with the government.
