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Don’t harass Justice Mubiru, lawyers warn Principal Judge

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Lawyers subscribing to the Uganda Law Society (UCL) have urged the Principal Judge Justice Dr Flavian Zeija not to torture Justice Mubiru over a backlog of 170 pending decisions.
ULS President Bernard Oundo in an open letter to the Principal Judge are perturbed that he has stopped Justice Mubiru not to hear any other court case until a satisfactory report has been made on the delivery of all the pending cases.
Oundo in a letter dated December 9, 2023, says: While your concerns on the case backlog are generally appreciated and shared by the Bar and the public, your direction is illegal and has grave implications on the fundamental tenets of the administration of justice starting with the rule of law and the independence of the judiciary.”
Oundo in the letter further reminds the Principal Judge that each Judge in Uganda takes a solemn oath to administer justice independently without fear or favour, and once assigned a matter, a judge is duty-bound to hear it and render a decision.
The Judicature Act (Cap.13), does not in any way empower your office to constrain any judge from hearing cases. Section 20 you have cited, only empowers your office on the distribution of business in the High Court. It does not empower your office to direct how a judge handles his docket, and in particular to refrain from handling cases already assigned to the judge.
Oundo in a letter questions the impartiality of Justice Zeija given that his directive to Justice Mubiru comes in the wake of a landmark ruling by Justice Mubiru on the independence of the judiciary in which he criticized the Principal Judge’s interference with a decision of a Deputy Registrar.
“The timing of your directive makes it appear retaliatory and an attack on Hon. Justice Mubiru for his judicial decision. This does not bode well for public confidence and trust in the judiciary and can only have a dampening effect on the confidence of the members of the judiciary,” Oundo says.
On 27th October 2023, the Learned Deputy Registrar issued a Garnishee Order Nisi in favour of the applicant John Imaniraguha for the recovery of a sum of Shs 26,261,323,709/= in Execution Misc. Application No. 641 of 2023 in respect of the respondent’s (Uganda Revenue Authority) Bank Accounts held by the Garnishee, Stanbic Bank Limited.  The Garnishee Order Nisi was returnable on 3rd November, 2023 and was duly served upon the bank on 27th October 2023 and later, upon the respondent on 30th October 2023.
On the same day, the Learned Deputy Registrar issued another order recalling the Garnishee Order Nisi, in the following terms; “This is to immediately recall the garnishee order NlSl issued in this Execution miscellaneous application No 641 of 2023 as directed by the Hon. Principal Judge in a letter dated 27th October 2023.”
However, in a court ruling, Justice Mubiru dismissed the court order for the recall of the garnishee order on December 4, 2023. “The Order recalling the garnishee order is accordingly set aside. Consequently the learned Deputy Registrar should forthwith re-issue the Garnishee Order Nisi.”
Oundo continues: “As an individual, the performance of Hon. Justice Mubiru has been exemplary for the number of decisions he has delivered and also the quality, depth, and reasoning displayed in the decisions.”
In the letter Oundo urges Justice Zeija to provide all the backlog of cases in the High Court and disclosure of the caseload handled by each Justice of the High Court, noting that ULS remains committed to upholding the principles of justice, and the rule of law, and safeguarding the independence of the judiciary in Uganda.
The latest development in the judiciary comes at the time when Chief Justice Alfonse Owiny Dollo has been accused in the legal circles of abusing the rights of Justice Esther Kisaakye, after denying her to read her descending ruling on the 2021 presidential election petition.

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