By Kabuye Ronald
Human rights lawyer Kiiza Eron together with others have petitioned the Uganda Law Society ULS to call for an Extraordinary General Meeting to debate and resolve on the allegations of gross judicial misconduct, incompetency, bias, irregularities, and illegalities, exhibited by his Lordship Byaruhanga Jesse Rugyema in the Tilenga project affected persons case in the high court of Uganda at Hoima miscellaneous cause no. 24 of 2023; attorney general versus Kisembo Rugadya and 41 others
The15th, December, 2023, petition emanates from Judge Byaruhanga’s decision in a case where Parties namely: Kisembo Rugadya; Mugisa Jealousy Mulimba; Pityedi Mugisa; Wendi Mulinda; Byarufu Moses; Mwesigwa Fred; Atuhairwe Sarah; Atugonza Allan; Rugadya Richard; Kisaho Simon; Kwonka William Mugisa; Nyanzige Yeyeri C/O Bigirwenkya Samuel; Asiimwe Julius; Kanyomera Charles; Agaba Chrispas Andrew Katushabe; and Bala John are in disagreement with the inadequate compensation for compulsorily acquisition of their land in Buliisa, Hoima and Kikube Districts which is part of the 2,108 acres needed by Government of Uganda for TotalEnergies EP Uganda under the Resettlement Action Plans 2, 3A, 3B, 4 and 5 for The Tilenga Project.
The petitioners assert that the Government communicated to court––via a suit it filed on Monday 4th December 2023––its compensation disagreement with respondents but to their surprise by Friday 8th December 2023, His Lordship Byaruhanga Jesse Rugyema had given Government of Uganda and TotalEnergies EP Uganda a Christmas gift of dispossession orders against the PAPS and okayed government’s preferred and unilateral compensation deposit in court without granting a hearing to the respondents who happen to be Ugandans.
“An eviction suit cannot be adjudicated in 4days in the usually snail-pace justice machine of today’s Uganda unless properly greased. No land dispute in Uganda except perhaps in Hoima between Monday 4th December 2023 and Friday 8 th December 2023 gets resolved in 4 days of filing it.
Ordinary citizens take years to get justice in Uganda. Government should not, even if encouraged by the misconduct of a judge, be allowed so much leg room to so bend and run roughshod the levers and pillars justice to get, in a matter for days, what takes citizens years or decades to get: judgments, orders, and rulings. If 4 days––justice exists in Uganda for oily TotalEnergies EP Uganda and Government of Uganda, let all citizens have it.” reads a petition in parts
DECEASED FAMILY SUED
The petitioners also assert that a deceased’s family was sued too yet with No letters of administration. No mention of the deceased’s estate’s beneficiary. They assert that In Africa’s extended family setting, government of Uganda was effectively suing an entire clan and village populated by people with close consanguinity to the deceased. MULAYA MULIMBA JOHN.
“Government sues his entire family, court decides for the government in four days without allowing the deceased’s family to know who among them is sued, is not sued and without allowing them any opportunity to defend or consent to the suit. This sheer injustice is illogical too.” Reads part of the petition.
GOVERNMENT DECLARES SEVEN RESPONDENTS MISSING WITHOUT ANY VERIFICATION.
“The Government in the oily application declares some 7 (seven) respondents missing persons it cannot trace. These are: Onenchan Jeska; Wimana Fred; Tundulu; Butele James; Onen Finias; Bayo Justine, and Kashobore tomoth. A judge has a duty to ensure that either effective service has occurred or substituted service is done in accordance with the law and must allow respondents sufficient time to defend to allegations or claims in the suit. Neither Government nor court is allowed to treat matters of missing Ugandans flippantly.
Work must get on to find them. Government cannot just declare people missing and court allows government to hand over the land to Total Energies EP Uganda without more. The matter of missing persons is a serious one that has implications for life and security. It cannot be glossed over once brought to the attention of court like Government did on 8/12/2023 before extracting His Lordship Byaruhanga Jesse Rugyema at Hoima High Court dispossessing order to the detriment of PAPS court denied opportunity to defend themselves.” Reads a petition in parts
The petitioners claim that since Lawyers and judges depend on rule of law for a living and the security of a nation hangs on it. They must guard it jealously, which they do by standing up for the fundamental human rights and freedoms adumbrated in the Constitution. Chief among them being the due process, natural justice, equality, fair hearing, liberty, human dignity, protection of life, and livelihoods.
It is upon the above that the petitioners in pursuant to Section 16 of the Uganda Law Society Act, Cap 276, want the ULS through its Secretary General to urgently hold an Extraordinary General Meeting (EGM) to form a formal ULS position on the said dereliction of impartiality, rule of law, natural justice and fair hearing. And to initiate further actions to avoid further repetition of such threats to due process, rights of citizens and rule of law.
