A section of lawyers has petitioned the Uganda Law Society over the conduct of Hoima High Court Judge Jesse Byaruhanga Rugyema while delivering a judgment in a case involving families affected by the East African Crude Oil Pipeline Project (EACOP).
The aggrieved lawyers including Eron Kiiza, Dickens Kamugisha, Bashir Twesigye, Frank Tumusiime, Clare Ayebare, Micheal Musiime and Brighton Aryampa say that in his December 8 judgement, Justice Byaruhanga acted with impunity and disregarded the rule of law when he ruled in favour of government and TotalEnergies.
They say it was unbelievable for the judge to issue eviction orders for families affected by the Tienga Project without giving them a chance for their side of the story through replies and legal submission.
“Lawyers depend on rule of law for a living. The security of a nation hangs on it. There is no business for judges and lawyers without rule of law. We must guard it jealously. We do that by standing up for the fundamental human rights and freedoms adumbrated in the Constitution. Chief among them is due process, natural justice, equality, fair hearing, liberty, human dignity, protection of life, and livelihoods,” the lawyers say.
“When a judge, oozing impunity, deliberately denies parties to a case/suit la the opportunity/right to be heard, to contradict evidence, to file their submissions; and hastily makes orders for the benefit of TotalEnergies EP Uganda to the prejudice Ugandans’ homes, gardens, residences, livelihoods, dignity and property, he is undermining rule of law and fundamental human rights and freedoms. Such conduct offends the law, offends logic and shreds rule of law with the consequence that the legitimacy of the specific court and judge is challenged and the peoples’ the judiciary is undermined. It is plainly unacceptable. It is a matter of judicial misconduct and incompetence.”
The lawyers want the Uganda Law Society to debate this matter, come up with a formal position on the said dereliction of impartiality, rule of law, natural justice and fair hearing but also initiate further actions “to avoid further repetition of such threats to due process, rights of citizens and rule of law”.
The lawyers also demand that Uganda Law Society holds an urgent Extraordinary General Meeting on the matter.
