Exclusive Interview: Ssekanjako Abubakar’s Vision for Transforming Uganda’s Legal Landscape as He Eyes for ULS Rep on Law Council

With a profound commitment to justice and reform, Ssekanjako eloquently speaks of fortifying the pillars of the legal profession, championing integrity, and steering the course towards a more empowered and equitable legal landscape. His campaign stands as a clarion call to uphold the sanctity of the law while embracing transformative change.

As the dialogue with Watchdog Uganda unfolded, Ssekanjako Abubakar’s passion for justice and reform came to life, weaving together the threads of his vision for the legal profession. In this illuminating Q&A segment, he offers a window into his motivations, aspirations, and the transformative changes he seeks to ignite.

With eloquence and conviction, Ssekanjako speaks to the heart of legal ethics, the empowerment of young advocates, and the future he envisions for the Uganda Law Society. Here are the highlights of our inspiring conversation.

Could you briefly introduce yourself, highlighting your background, experience, and what you believe sets you apart from other candidates vying for a position on the Law Council?

I decided to contest for the position of Uganda Law Society representative to the Law Council after reflecting on our performance as a society. The Law Council plays a crucial role in our profession, overseeing legal education, regulating how we practice, and disciplining lawyers. It also supervises legal aid provision and makes key recommendations to the government on legal matters. These are its most important responsibilities.

My inspiration comes from my work in public interest litigation, focusing on constitutionalism and the rule of law. I have handled numerous cases, including sustainable development and the famous ‘age limit’ case, where I was part of the legal team representing MPs who challenged the constitutional amendment on the presidential age limit. I’ve also been involved in over 10 parliamentary election petitions and played a significant role in the presidential election petition. And I was part of the legal team that represented Hon Kyagulanyi Ssentamu. These experiences have not only shaped me as a skilled lawyer but also honed my leadership abilities, particularly in understanding administrative law through judicial review.

In 2023, I joined the Uganda Management Institute (UMI) as a postgraduate student and ran for president of the Institute, which I won. UMI is prestigious for training leaders, managers, and administrators, and I pursued a postgraduate diploma in public administration and management to enhance my skills. As the current president, I sit on the UMI Governing Council alongside key figures, including the director general. This experience in leadership, management, and administration has prepared me well for this position, and I believe I am well-suited to execute the role and mandate effectively.”

Do you believe that your experiences at the Uganda Management Institute will help you succeed as a representative?

Yes, there is no doubt that is the case, as the course at the Uganda Management Institute is very practical.

That’s why it is a postgraduate course. They are not training scholars. They are training people who are already doing something. If you’re a leader, they train you as a leader. If you’re a manager, they train you into that. If you’re an administrator, they train you on that. So it is an opportunity to improve and enhance your skills.

So it is something that I went with, and they have helped me to enhance it so that the experience that I have gathered from their wealth of knowledge and the skills and the expertise the learned facilitators, they have shared with me, really shaped me into a good leader who the Uganda Law Society needs for the position of representative to the Law Council.

How many candidates are running in this race, and why do you believe you are the best choice?

We are three but they need only two of us. And why do I think I’m the best at this? I think the question of who is the best is for the electorates. Ours is to present our manifesto, the platform and ideas, and they choose what I can maybe state is that on any given day, I would stand out. I think I have quite a lot on my side that helps me to stand out, which will enable the electorates to make the decision that I’m the best, but I believe that they have all the evidence on their table. Regarding myself to prove it in the positive that I am the best.

What motivated you to contest for a seat at the Law Council, and how do you plan to contribute to the legal profession if elected?

Okay, it’s a two-way approach to the question, because it has two segments on the part of motivation, and secondly, on the part of my plan for society, What motivates me, and has always motivated me, is my childhood aspiration to become a leader.

 Throughout my school life and beyond, I have consistently demonstrated strong leadership qualities. Even after my academic journey, I’ve continued to hold leadership positions. The wealth of experience I’ve gained over time has ensured that I have never let down those who trusted me with their vote.

What motivates me is the appreciation I receive from those I serve, which keeps my passion alive. Whenever I see an opportunity, I carefully assess whether I can effectively take on the role. Regarding this position, I first learned about the Law Council in my first year on campus while studying law. The knowledge of legal education, training, and practice has fueled my ambition to make a difference in the Law Council and drive change.

How do you plan to contribute to the legal profession in Uganda if elected?

The Law Council was established decades ago under laws introduced during and shortly after colonial times, such as the Uganda Law Society Act. Despite being in place for over 50 years, the Council has maintained the same structure and practices it used over 40 years ago. While other jurisdictions have progressed and adapted to new areas, the Law Council has not kept up with these changes.

With all due respect to my senior colleagues who have represented us before, I haven’t seen any proactive positions or papers presented to the Law Council addressing current legal trends. For example, cross-border practice is a crucial issue we’ve advocated for, but little progress has been made. These challenges persist, especially when trying to engage with other jurisdictions.

For instance, if you want to practice in Kenya and apply, you’ll go through a series of steps, and at some point, you might even fail. The reason is that there is no reciprocal arrangement with Uganda. However, as East Africa, we have instruments in place that permit the free movement of labour, services, trade, goods, and services. Yet, the Law Council here is creating barriers to cross-border practice. They may not have fully appreciated it, and they are not willing to listen. Perhaps it’s a matter of who presents it to them. That’s why I feel inspired and see the need to go there and present this to them.

How do you intend to advance these agendas?

As someone who has previously served on a council, and with the lobbying and advocacy skills I gained at the Uganda Management Institute and as a technical advisor in Parliament, I understand the stages that policy reforms go through. I’m familiar with the challenges and the importance of effectively presenting your ideas. So, this is not just a position where I want to offer leadership, but it’s a role that resonates with the team I aspire to lead.

This is something I can, or am ready to, package in a way that will be supported by all members, or that reflects the common position of the members, and we will present it to the Law Council. There are various mechanisms through which it can be done you can petition, file a complaint, write a position paper, or draft a policy brief. Using these methods, I will be able to put this issue on the Law Council’s agenda.

Do you think they will support your plans, given that if there was support, these changes might already be in place?

There are those fears about opening the floodgates, with some believing that the local market is already too small for our lawyers. If we open the market, aggressive lawyers from countries like Kenya, and Tanzania may come in and compete for our space. While I can’t entirely dismiss that possibility, I am confident that Ugandan lawyers are hardworking. It’s a two-way street, Uganda will be opening up its market, but other countries will be doing the same.

Tanzania, Kenya, Rwanda, and every other country in the East African Community will also face similar risks. However, if you examine the situation critically and consider the size of the economy, it’s important to set aside sentimental fears. We may fear inviting other lawyers to practice here, but what is the actual size of our market? Tanzania and Kenya are both larger than us in terms of population and GDP. The DRC, too, has a significant economy. This means that, while we aren’t performing poorly, we have relatively little to lose in comparison.

We just need to hone our skills to maintain our space and leverage the expanded market. This requires proper packaging and informing our colleagues that this initiative is not intended to take away their jobs or clients, but rather to bring more clients on board.

The Law Council plays a crucial role in regulating legal practice in Uganda. What specific reforms or policies would you advocate for to ensure better regulation and professional ethics?

Thank you. One of the key challenges facing lawyers in Uganda is the inconsistency in legal education. There isn’t a clear strategy for how legal education should be offered. Some universities, like Makerere and UCU, require pre-entry exams, while others do not. This lack of uniformity means that the process for entering law school is uneven and not standardized.

So, you have several people entering the legal profession and legal training as they wish. However, when it comes to advancing your career at institutions like the LDC, there used to be a pre-entry exam that was introduced and operated for about eight years. It was a well-thought-out screening measure, but it encountered many challenges in implementation and was eventually withdrawn.

So, with the entry to the LDC left to the discretion of its administrators, there’s a lack of standardization in who gets accepted. This results in candidates coming from universities with varying standards—some having undergone pre-entry exams while others have not. Additionally, some universities have so many professors in the program. For other universities, well, the case may be different.

Don’t you think the number of professors in such programs depends on the strength and capacity of the university?

No, it is not the university’s responsibility; it is the role of the regulator to ensure that the service provided by universities meets the required standards. The regulator in this case is the Law Council. The Law Council should be active in guiding law students from the beginning, ensuring uniform standards across the board. Whether or not a pre-entry exam is imposed, it should apply consistently to all institutions. The same guidelines should govern how students join law schools. I am not necessarily advocating for pre-entries, but rather for standardization. If pre-entries are required, they should be applied uniformly; if not, there should be clear criteria for who can join the legal profession. These are issues that I’m ready to put on the table.

Another issue is that many people are being admitted to legal training institutions, but the LDC is rejecting or holding back many of them. Some who manage to join LDC face significant obstacles and are unable to progress in their careers, with many still being denied admission altogether. For those who are admitted, LDC’s actions significantly impact their legal careers.

Do you want the LDC to produce half-baked lawyers? I thought its purpose was to ensure that only the most qualified and capable candidates enter the legal profession.

I’m not suggesting that LDC should produce unqualified lawyers, but the way it handles students is deeply flawed and needs serious review. Results are often inconsistent, with students being told they failed one day and then seeing a revised list the next. This mismanagement can cause severe stress, with some students even collapsing.

For example, I am currently handling a case where a student disputes their marks, claiming they were unfairly failed despite believing they passed. The student has petitioned for access to their answer script, as permitted by regulations, but the LDC has not complied with this request. This lack of transparency and accountability highlights the need for the Law Council to assert its role as the regulator of legal education, ensuring fair and clear policies for all students.

One major issue affecting the profession is the difficulty many lawyers face in becoming advocates. After completing their training, many are stuck at the lawyer stage because of obstacles at the LDC. Additionally, even those who do complete LDC often experience delays in receiving their Certificate of Eligibility to Enroll from the Law Council.

This process is slow and manual, leading to unnecessary delays of up to a year. I propose digitizing and automating this process to streamline and expedite the issuance of certificates, which should be addressed immediately upon taking office.

Are there some specific reforms you think should be introduced to the Law Council?

Access to laws is a significant issue. Previously, all Ugandan laws were available online for free, but after the Uganda Law Reform Commission revised them, access has become restricted. Now, obtaining a soft copy of these laws requires payment. Since ignorance of the law is not an excuse, restricting access prevents people from being informed about the law. This situation needs to be addressed to ensure that everyone can access legal information easily.

Is this issue limited to Uganda, or is it prevalent across East African countries?

No, in  Kenya or Tanzania, these are laws that are free of charge, in soft copy. You can receive these laws if any government is willing to afford its members these copies, not even lawyers. All members of society, all members of the community, are entitled to access the law because that is where we get that state saying that ignorance of the law is no defence because you are expected to know the law. And the law is supposed to be gazetted, the law is supposed to be put in the public.

Now we have the laws kept in the armpits, under the armpits of the Uganda Law Reform Commission, and the Law Council is not saying anything, and our representatives on the Law Council are not saying anything, even the Uganda Law Society. So the head, the president of the Uganda Law Society is not saying anything. So that is something that I think can be brought to the attention of the Law Council for immediate redress.

How do you plan to balance the interests of different stakeholders, such as lawyers, law firms, and the general public, while serving on the Law Council?

As a representative of the Law Council, maintaining ethical conduct and integrity in the legal profession is crucial, as it forms the foundation of our work. My approach to reforms will be both careful and dynamic, recognizing the rapid changes in the digital era. And, if you just want to be this discipline prefect without paying much attention to how you define discipline, to how you approach ethical issues, you’re going to be left out. You’re going to be left out While it’s important to uphold discipline and ethical standards, we must also adapt swiftly to stay relevant. This includes exploring new frontiers in legal practice while preserving the unique qualities of our profession.

New Frontiers Such as?

In today’s rapidly evolving financial world, there are practices, such as cryptocurrency, that are not yet common in Uganda, and I don’t see any training addressing these developments. Are we prepared for such discussions in Uganda? Although I’m not involved in cryptocurrency, many people, including international banks operating here, are interested in it.

As the Law Council responsible for training world-class legal professionals, are you equipping members with the capacity to engage in and manage international transactions and participate in these emerging financial activities? I’m telling you, a colossal sum of money is being traded in that manner. But where is the Law Council in that space? Is it opening the space for members, to to navigate? There is no way we are keeping quiet about it. And yet other professionals, are harvesting huge from these things.

So why don’t we allow members? And I have heard the voices of my colleagues who are interested in these fields. They have petitioned the Bank of Uganda. They have petitioned courts to see that we get a clear position on this. The Law Council is not saying anything. Please, Law Council, come out and be clear. What is your position on these emerging areas in the financial sector?

A clear guideline, a clear policy, and a clear recommendation to the pgovernment. If they cannot come out with a clear policy on it, let them recommend a clear position to the government, because even the government is not clear on its position regarding the financial issues.

Many agencies in Uganda are reforming their transactional practices, such as land registries now allowing individuals to conduct transactions without lawyer involvement. This shift has reduced opportunities for lawyers, particularly in areas like company registration and land transactions, where automation has taken over tasks previously managed by legal professionals. The Law Council should establish clear policies on the roles lawyers should play in these transactions to prevent them from losing ground in their practice areas. These are the issues I feel must be addressed and I’m very ready to see that they are addressed the moment I’m elected.

How will you address the issue of low pay for young lawyers in your role at the Law Council?

There are concerns about professional fees, with lawyers earning less compared to regional and global standards. Despite reforms, young lawyers face poor pay, which reflects broader issues with how professional fees are regulated and enforced. The Law Council needs to address these challenges by safeguarding the legal profession’s role in transactions and revisiting the regulations around professional fees and remuneration.

Secondly, the absence of a minimum wage policy in Uganda makes it challenging to standardize lawyer salaries. Although the Law Council may not directly influence pay rates, we can advocate for clearer guidelines and fairer compensation for lawyers. Currently, court authorities have considerable discretion over lawyer payments, often neglecting the extensive work and overheads involved in each case. There should be limits on how payments are determined to ensure fair compensation.

Several lawyers have criticized the Law Council for being overly stringent. How do you plan to bridge the gap between lawyers and the Council?

The Law Council needs to improve its disciplinary processes. While we have frameworks like the Constitution to guide ethical conduct, the enforcement and penalties sometimes seem disproportionate and disconnected from real-world practices.

The Law Council needs to be attuned to the real-world interactions between clients and advocates when making rulings. Sometimes, their decisions seem disconnected from the actual circumstances. To ensure fairness and equity, the Council must streamline its approach to disciplinary matters, making it more reflective of the realities of legal practice.

How do you plan to balance the interests of different stakeholders, such as lawyers, law firms, and the general public, while serving on the Law Council?

Balancing the expectations of lawyers, law firms, and the public is a complex task. As an officer of the court, my approach emphasizes impartiality and justice. This involves: Managing Multiple Interests: In any case, I must consider the interests of clients, the court’s role in dispensing justice, and the law firm’s operational needs. Each party has distinct expectations that must be navigated carefully.

Commitment to Justice; My guiding principle is to ensure that justice is served fairly and equitably. This means not favoring one party over another, but rather adhering to the rule of law and constitutional rights. Upholding Ethical Standards: As an officer of the court, my responsibility is to prioritize justice above all, including the interests of individual lawyers or firms. This involves addressing violations of rights and ensuring that justice is not compromised for personal or professional gain. In summary, my role requires a commitment to fairness and the rule of law, ensuring that justice is administered equitably to all stakeholders involved.

With legal education and practice evolving globally, how do you propose to keep Uganda’s legal system in line with international standards while preserving local integrity?

International standards are often seen as benchmarks for quality, but they’re not always rigid or unchangeable. Having studied international law and pursuing a master’s degree in it, I understand that while international standards are important, they must be adapted to fit a country’s unique context. As a developing nation, Uganda should not indiscriminately adopt all international practices. Instead, we need to carefully integrate these standards in a way that respects our sovereignty, values, culture and the aspirations of our people as reflected in our Constitution and laws. How do I plan to balance international standards with our local context in your role?

Well, my intention in advocating for reforms is to align our legal profession and education with international standards while respecting our constitution and national values. I am committed to ensuring that any changes proposed will be mindful of our unique cultural and contextual constraints. International practices that work well in more developed countries may not always be suitable for us, given our different mechanisms and cultural norms. Therefore, my leadership will focus on integrating these practices in a way that enhances our legal system without compromising our cherished values and customs. Thank you.

Any words for your voters?

Okay, thank you once again! As we end this interview, my call to the advocates as they prepare to cast their vote on the 28th of September. 2024, is that, let us vote issues, let us not vote any other factors. Because, as a profession that is advancing into a modern profession, as an association that is trying to galvanize its members to bring them into a unity that cares for its members, that cares for the general public, we have to be very keen on who has the qualities that will exude our desires as the association.

Let us look out for the person who has the capabilities of presenting our ideas to the Law Council as someone who will enable us a chance to participate in the affairs of the Law Council. My role is not to suffocate you. My role is to represent you, and I will do that, always bearing in mind that I am your agent, I always seek to see that you participate in the decision-making process before I present anything to the law council for policy reform, for anything, I’ll always ensure that you make a decision, that you take part in the formulation, in the ideation, in the structuring and in the presentation of that policy reform to the Law Council. Thank you so much for the support.