By Steven Masiga
A famous statement is captured by Prof. Makubuya quoting his academic friend, Prof. Kanyeihamba, who observed that “law is not posho and beans,” about 50 years ago when the duo taught law at Makerere University in the early 1970s. Any serious alumnus of law should have come across this statement in a book titled Introduction to Law in Uganda by Prof. Kiddu Makubuya.
Of course, introduction to law is the first lesson in a law class. Prof. Makubuya says studying Introduction to Law is like studying the alphabet letters A, B, C, up to Z, which can later be relied upon in constructing statements and phrases. Similarly, this applies to Introduction to Law as it exposes learners to the whole architecture of the law course.
Prof. Kanyeihamba repeated the same statement when I was at the Law Development Centre (LDC) for another course about 15 years ago. We need to examine the veracity of his statement, but that may be a theme for another day. Simply put, he meant that law is not a course for every Dick and Tom.
The LLB stands for Legum Baccalaureus. The Legum is plural for lex or law, which appears to suggest that the learner studies two degrees. Previously, learners studied both church or canonical law and secular topics. That is why it is called LLB, which creates an impression that two degrees are awarded—perhaps so, I am tempted to believe this acronym.
Why not LB (Law Bachelors) or BL (Bachelors of Law) and instead LLB? A deeper research is needed, and in the absence of any research, lawyers are comfortable with the phrase “learned friends” as some sort of consolation for the second non-existent degree.
The major units taught under a law degree are designed to equip learners with the necessary legal pedagogies and principles of law, which in essence are about long-held notions about the discipline. Both statutory law and case law authorities are a staple while undertaking a law course, right from certificates in administrative law, diplomas, degrees, and postgraduate degrees. Learners equally consult extensively; both text materials and statutory and case laws must be heavily consulted. Indeed, it is not just beans and posho.
Law has certain constitutional principles which I find compelling to share here, among which is the presumption of innocence, especially cast on all accused persons in criminal matters, as enshrined in Article 28 of Uganda’s Constitution. The above constitutional provision outlaws the double punishment of accused persons, including retrospective legislation in the country.
There are also useful principles in criminal law, among them being “no punishment except in accordance with the law,” meaning that punishments for any criminal behaviour must be fixed in advance. Equally, what amounts to a crime should be known in advance, and there are defenses for any criminal behavior. An accused person can cling to a defense in order to disentangle themselves from punishment. The burden of proving that the accused committed a crime rests with the one who alleges. This is on the authority of Sections 101, 105, and 106 of the Evidence Act, buttressed by Article 28(3)(a) of the Constitution.
There are also non-statutory defenses, such as alibi, that accused persons can cling to. However, alibis may not fully exonerate an accused person in the face of theories like the “wheel chain conspiracy,” where one can still be connected to a crime, however remote they may be. In criminal law, whenever there is an offense, there is always a defense for that offense. Most of the defenses are fixed by law, such as ignorance, claim of right, motive and intention, mistaken identity, insanity, intoxication, judicial immunity, compulsion, use of excessive force by police in arrests, double jeopardy, innocence, consent, entrapment, presidential immunity, superior orders, among others.
The law course has over 40 units and involves citations and heavy reading. It is quite hectic for those who have work schedules with limited time frames. However, I must congratulate all who have acquired additional qualifications, especially those who were able to balance between work and books.
Law as a legal course is gaining momentum. On average, I have seen people with other qualifications who have chosen to go back to school. Notable among them is myself. I saw the headmaster of Mbale High School, Counsel Wambalo, who is at the tail end of his degree in law. I saw the likes of MPs, like Hon. Joel Ssenyonyo, who is also the Leader of the Opposition (LOP). I know he had other qualifications before stepping in for a law degree. The Speaker of Parliament is a graduate of law on top of other qualifications. Others are Hon. Nandala Mafabi and Hon. Lydia Wanyoto, the senior presidential advisor and CEC member of NRM, among others, if I can recollect.
Many people study law because it has no expiry period. The skills gained in law endure forever and can be utilized even after quitting public service. People can engage in private practice, employing themselves, among other reasons.
The four-year course has the following units, which cut across all universities in Uganda: Introduction to Law, Jurisprudence, Administrative Law, Constitutional Law and Constitutional History of Uganda, Labour Law, International Law, International Human Rights Law, The Law of Torts, Criminal Law, Criminal Procedure, Civil Law, Law of Evidence, Research Methods, Contract Law, and Family Law, among others.
Currently, I have already enrolled for my fourth degree in law, and all these skills will be utilized to defend my community and our learners.
My appreciation goes to those who supported me with some sodas when I organized a small party for my people upon attaining my third degree in law. Special mention of them here is important:
His Highness, the Umukuka of the Bamasaba people, Jude Mike Mudoma; Hon. Prof. Florence Wakoko of America’s Columbus State University and Bamasaba Ambassador in the United States of America and Canada; Hon. Dr. Paul Mwambu, Commissioner, Ministry of Agriculture, and Inzu Ya Masaba Minister;
Hon. Michael Materesi, Inzu Ya Masaba Minister in the United Kingdom and President of IMKA; Dr. Harriet Nabushawo, Dean, School of Distance Learning, Makerere University; Hon. Anthony Wanyoto, Cabinet Secretary, Inzu Ya Masaba; Commissioner Sarah Bugoosi, Commissioner, Special Needs, Ministry of Education and Sports; Commissioner Mary Wasagali of the Equal Opportunities Commission; and my family members, including Ivan Natseli, who brought two full sacks of matooke.
I must say thank you to all.
The writer works with Makerere University, Department of Community Education.
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