Justice Micheal Elubo, the head of the High Court Civil Division Kampala is set to handle a controversial suit where a top traffic police boss was fired from the force for causing the death of a bodaboda cyclist.
Justice Elubo set 12th January 2021 as the date to hear the matter in which Sgt. Ibrahim Ssesanga, police officer No.335544, challenged the decision by the Police Appeals Court to dismiss him from the force without giving him a fair hearing.
Ssesanga through his lawyers of Matovu Katerega and Company Advocates want Court to quash the decision of Uganda Police Appeals Court contained in Min 16/10/2020 which upholds the punishment of his dismissal from the force.
He also wants court to put a permanent injunction restraining the Inspector General of Police (IGP) Martin Okoth Ochola, Police Council and Police Authority from implementing the decision made against him by the Police’s Appeals Court.
He also asked court to re-instate him as a serving officer in the force and pay him general damages for the inconvenience caused by the decision of the Police’s Appeals Court.
In his affidavit, Ssesanga stated that on 12th of November 2020, he received a letter dated 19th of October 2020 signed by the secretary of the Police Appeals Court informing him that his appeal dated 4th August 2020 was heard under minute Min8.16/10/2020 and it was dismissed and the punishment of dismissing him from the force was upheld as made by the police’s lower court.
He told Court that the police court was not fair while dismissing him from the force where he has served for over 15 years with a clean record.
“The Court did not consider that it was necessary to prove the ownership of the motorcycle before the same could be handed over. It is a requirement in traffic police that before handing over a vehicle impounded by police, proof of ownership must be presented by the person seeking the release,” Ssesanga stated.
He insisted that there was no evidence to prove a case of scandalous manner upon which he was convicted on corruption charges.
He noted that the sentence of dismissal from the force was harsh and a lesser sentence would have been fair given that he was a first offender and the only breadwinner for his three school going children.
He told Court that he was not informed of the date when the Appeal was to be heard even though he was anxious to be present and present his Appeal before the Appeal’s Court, he was just informed that the Appeal was determined without hearing from him.
“I am advised by my lawyers of Matovu, Katerega and Company Advocates, whose advice I believed to be true that the failure to hear me out rendered the whole process illegal, unconstitutional, null and void. I know that had I been present, there was no way the conviction could be upheld in absence of evidence to prove that I was involved,” he added.
He insisted that his left hand was seriously injured and he sustained serious fire burns that spread from the fire which was started by Hussein Walugembe, the deceased.
He added that as he was running to save his life from fire, he fell on a sharp object and sustained serious abdominal injuries.
Ssesanga was dismissed from the force after being accused for causing the death of Hussein Walugembe who burnt himself after police confiscated his motorcycle and asked him for a bribe for violating the guidelines put in place to fight the spread of COVID-19 pandemic.
Before his death, Walugembe said that he tried to talk to Ssesanga because he knew him to release his motorcycle but he refused until he gave him a Shs.100,000 bribe.
By Sengooba Alirabaki
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