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Mabirizi moves to block orders for his arrest, imprisonment
Lawyer Hassan Male Mabirizi
What you need to know:
On Tuesday, Justice Ssekaana issued the order after finding Mr Mabirizi non-compliant to his earlier orders to show up before his court and answer why he should not be jailed for violating them.
Controversial city lawyer Hassan Male Mabirizi has moved to block the orders of High Court judge Musa Ssekaana for his immediate arrest and detention in civil prison for 18 months.
On Tuesday, Justice Ssekaana issued the order after finding Mr Mabirizi non-compliant to his earlier orders to show up before his court and answer why he should not be jailed for violating them.
Mr Mabirizi was found guilty of contempt of court and attacking judicial officers.
“Whereas Male H Mabirizi Kiwanuka has been found liable in contempt of court order in the above proceedings, this is to command you (any police officer) to arrest and deliver the said person to prison mentioned in the committal warrant with immediate effect,” a warrant of execution read in part.
However, Mr Mabirizi has since run to the Court of Appeal, seeking its protection, arguing that Justice Ssekaana’s orders are illegal.
“Ssekaana breached every fair hearing principle and I hence reject his unconstitutional ruling. I am hopeful that the Court of Appeal will stay the implementation of these illegalities come Monday,” he said.
Explaining why he referred to Justice Ssekaana’s order as “illegal”, Mr Mabirizi stated that since the same judge is the one whom he allegedly abused/ insulted, he could not, therefore, be the same judge to sit in his own case and issue orders for him to be arrested and detained.
The judge’s decision was prompted by the submissions of Attorney Genera’s representative, Ms Patricia Mutesi, on Tuesday .
Accusations
Ms Mutesi told court that despite a standing court order warning Mr Mabirizi to desist from attacking judicial officers, he continued making contemptuous posts on his social media platforms against Justice Ssekaana and the Judiciary.
Mr Mabirizi accused Justice Ssekaana of being biased, incompetent and not able to head even the smallest court of a family, one who does not qualify for any award from Uganda Law Society, and not even for a Grade Two Magistrate.
Ms Mutesi also said Mr Mabirizi in his post described the fine of Shs300m as null and void, which statement she said was an attack on court and the Judiciary.
Recently, judges at their annual conference resolved not to entertain any more cyber bullying from errant lawyers.
Mr Mabirizi and Justice Ssekaana have been at logger heads since December 2019 over a case in which he appeared before the judge, seeking to nullify the appointment of Electoral Commission (EC) chairperson Justice Simon Peter Byabakama.
Mr Mabirizi had argued that Justice Byabakama of the Court of Appeal did not first resign before he took up the new appointment as EC boss.
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