The act has led to many people finally concluding that the Supreme Court has turned into a comedy house after witnessing today’s dramatic series between five Justices of the supreme Court against Controversial City lawyer Hassan Male Mabirizi.

It all started Tuesday afternoon of when appeared before a panel of five Justices lead by Justices Rubby Opio Aweri, Justice Mike Faith Mwondah, Justice Paul Mugamba, Justice Percy Night Tuhaise and Justice Mike Chibita in his Appeal against Kabaka Ronald Muwenda Mutebi land case victory.

The case was scheduled for the morning but because of the many cases and the way panels has been changed, the appeal was called in the afternoon and immediately after Buganda Kingdom’s Attorney General, Christopher Bwanika introduced the respondent’s legal team led by himself, counsel Sarah Kisubi, counsel William Kakembo, counsel Sharot Nalumansi, Kabaka’s Attorney Juma Bashir Kizito, Danial Ssenyomo from Buganda land board and the appellant Mabirizi.

Justice Mugamba before allowing Mabirizi to give any opening remarks swung in action, directing him to leave the bar.

“Mabirizi leave the bar! Have you dressed like your friends of the other party? you’re not an advocate, don’t sit where lawyers sit,” tough speaking Mugamba said.

Before he could finish another statement, counter terrorism commandos commanded by a one Bwambale also swiftly swung in action – and a one Kaggwa grabbed Mabirizi’s hands, as others surrounded him.

“But I have been sitting here, why today?” Mabirizi pleaded as Justice Opio directed commandos to evict him with his books to the back.

“And this is the last warning! Next time when you sit on the bar, you will be charged with contempt of Court and you will be detained” Opio warned as Mabirizi, shocked, look on.

Before the ugly incident, a senior Court clerk had warned Mabirizi that Justices were preparing for him for being stubborn and always attacking them in public. If he not being careful, he was going to end up in Kitalya prison.

JUSTICE OPIO PUNCHES MABIRIZI IN THE FACE

Mabirizi immediately applied for an adjournment to reconstitute himself because of the way he was manhandled and inhuman mistreatment when he was evicted from the bar.

“I am not feeling myself and I cannot proceed to argue this matter, am praying for adjournment to reconstitute myself,” Mabirizi submitted.

Justice Opio laughed out so loud, tasking Mabirizi to prove that he was mistreated.

“Mr Mabirizi, how have you been mistreated? If telling you to leave the bar is mistreating you, are you an advocate? Or, when you reconstitute yourself you’re going to become an advocate?” Justice Opio said.

Mabirizi responded to Justice Opio that fairness is very crucial in giving justice and should be given time to reconstitute himself.

His submissions were strongly opposed by Kabaka’s legal team claiming that he just wanted to waste Court’s time and ask Court to dismiss his application.

Bwanika told the Court that the Appeal was made in 2018 and they have been waiting for the day it will be which has come and the Appellant doesn’t want to prosecute his Appeal which is creating a case backlog and Mabirizi’s application was dismissed.

HAVE YOU EVER SEEN ME SNATCHING PEOPLE’S WIVES? – OPIO TASKS MABIRIZI TO PROVE

After losing the reconstitute application, Mabirizi applied for recusal of the entire panel from his Appeal.

Mabirizi told justices that he doesn’t expect any justice and fairness from them since he lodged a complaint against them in the Judicial Service Commission seeking for them to be dismissed from their judicial offices for being a disgrace to the Judiciary.

Mabirizi said that his complaint resulted in the actions of the entire panel when the discriminated Justice Kisakye in Bobi Wine’s presidential petition.

He told the Justices that they are going to use his case to punish him since he wanted them to be fired from their juice jobs.

Justice Opio strongly object Mabirizi’s application saying that he took oath to give justice to Uganda and for the last 38 years he never put judiciary’s image into bad reputation.

“Tell me, you said that I put judiciary’s name in bad light, have you ever seen me or heard me snatching people’s wives? I have been promoted from the lowest rank of the judicial officers to the top judge on the land, am not going to recuse myself from this case,” Justice Opio said.

Justice Opio further insisted that he has never discriminated Justice Kisakye as Mabirizi alleges. He tasked him to prove it through an affidavit sworn by Justice Kisakye.

He insists that he is a respected judicial officer who cannot be intimidated by Mabirizi’s allegations.

Justice Mugamba, Justice Mwondah amd Justice Chibita declined to recuse themselves on grounds of being biased against Mabirizi.

KABAKA’S MINISTER SAVED JUSTICE TUHAISE

Mabirizi insisted that Justice Tuhaise should recuse herself from the Appeal because she wrote the lead judgment dismissing the same case when she was still at the Court of Appeal.

Justice Tuhaise in response said that she made a number of judgements in the Court of Appeal and she needs time to read the said Judgement before making her final decision on recusal.

However, Justice Opio kept on softly talking to her not to recuse herself.

“No, there is no evidence against you, don’t recuse yourself, we took oath we are going to determine this case,” Justice Opio insisted.

But Justice Tuhaise kept on praying to Justice Opio to give him time to study her decision at the Court of Appeal and he kept a deaf ear untill Kabaka’s Attorney General Bwanika stood up and raised a serious concern.

“Let me guide this Court as a senior officer of Court, my lordship let give Justice Tuhaise time to read the said Judgement before making her final decision,” Bwanika told Court.

Justice Opio agreed with Bwanika’s advice and adjourned the matter to next week.

Mabirizi lost against Kabaka both in the High Court and in the Court of Appeal on technicalities. He still challenges Kabaka Mutebi’s status on Buganda’s land claiming that he is not the owner of the said land but just a custodian and he doesn’t have the right to evict Baganda from Buganda official Mailo.

This is not the first time such drama is being experienced at Uganda’s highest Court of the land. The Supreme Court has turned into a theater of drama as Justices, litigants and lawyers become acts and spectators.

The first serie started last year when former presidential aspirant Ivan Ssebadduka was sentenced for three years imprisonment on a manufactured charges of contempt of Court signed by Chief Justice Alfonse Chigamoy Owiny-Dollo for declaring Justices of the Supreme Court a Council of fools who are ignorant about the laws but only implementing president Yoweri Kaguta Museveni’s wishes.

The second and very important time was early this year when Justice Dr Esther Mayambala Kisakye accused the Chief Justice Dollo of confiscating her file containing a dissenting ruling against president Museveni in the presidential petition filed by National Unity Platform (NUP) former presidential candidate Robert Kyagulanyi Ssentamu (Bobi Wine).

Justice Kisakye confessed to the media that her file was forcefully confiscated because she refused Chief Justice Dollo the vet it before being read to the parties.

She insisted that Justice Dollo directed fellow 8 justices of the Supreme Court who were on the panel not to be with her when reading her rulings, he ordered that microphones be switched off and not be allowed to enter the tents where the proceedings took place.

Justice Dollo through Judiciary’s senior communications officer Salongo Solomon Muyita denied the allegations.

By Alirabaki Sengooba