{UAH} Judge quits Sejusa case

Judge quits Sejusa case

Written by Derrick Kiyonga

Created: 08 February 2016

Justice Lydia Mugambe

High court judge Lydia Ssali Mugambe has declined to hear a case in which under-fire Gen David Sejusa, the former coordinator of intelligence services, is challenging his stay in the army.

Court records show that on November 24, 2015, Festo Nsenga, the then High court deputy registrar of the civil division, allocated the case to justice Mugambe. 

However, on February 4, the current deputy registrar Alex Ajiji reallocated the case to Justice Margaret Ouma Oguli, who was recently moved from Masaka to Kampala. 

Asked on Friday why she declined to hear the case, Justice Mugambe said she hadn't even the read the case file, yet it had been fixed for hearing in April.

"I don't know the case; probably you can tell me the file number then I can crosscheck," Mugambe said, adding: "But I think you should talk to the registrar [Ajiji]; he handles such issues."

The case reallocation comes days after Sejusa was charged last Tuesday in the army General Court Martial. Ajiji described the change of judges as an "administrative measure" he "personally" took since Justice Mugambe has a lot on her plate.

"Justice Oguli is new at this court and it seems she doesn't have a lot of work to do. It would be news if one judge has a lot of work and yet another has nothing to do," Ajiji said.

Ajiji said that though both judges are competent, it is only fair that Justice Oguli handles this case.

"The case hasn't yet taken off; so, reallocating it to another judge cannot be that bad. All the judges are the same," he said.

Justice Oguli is listed in the NRM party constitution among the 178 promoters of the party, who midwifed its formation in 2003.

TRACK RECORD

Insider sources at the High court told The Observer that Mugambe and Justice Yasin Nyanzi have consistently complained that most of the "sensitive" cases are allocated to them.

Ever since her appointment to the High court in 2013, Justice Mugambe has exhibited an independent-minded streak in her rulings. Twice, she has delivered judgments considered unfavorable to government.  

In her March 28, 2014 ruling, she reinstated ousted Kampala Lord Mayor Erias Lukwago in office.  In the ruling, the judge held that then Attorney General Peter Nyombi, Electoral Commission chairman Badru Kiggundu, KCCA Executive Director Jennifer Musisi and Frank Tumwebaze, the minister for presidency and KCCA, were in contempt of court for declaring Lukwago's seat vacant.

In October, 2014, Mugambe quashed all proceedings held in camera [without media] by Buganda road magistrates' court in a case in which Ronald Poteli, a police officer, was accused of leaking conversations between police chief Kale Kayihura and "Pro-Mbabazi" NRM youths. With the media in court, prosecution withdrew all charges against Poteli.

Presently, Mugambe is handling an application that seeks to compel government to produce Christopher Aine, head of security of independent presidential candidate Amama Mbabazi, who went missing late last year.

dkiyonga@observer.ug

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Rehema
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