Kampala, Uganda: The Uganda Law Society (ULS) has welcomed the Constitutional Court’s decision to nullify the Computer Misuse (Amendment) Act, 2022, describing the landmark ruling as “a major victory for freedom of expression” in Uganda.
In a statement issued Tuesday, March 17, the legal body said the court’s judgment affirms that the controversial law, commonly known as the Muhammad Nsereko Bill, was passed in violation of constitutional requirements, particularly quorum provisions under Articles 88 and 89.
“The Uganda Law Society (ULS) welcomes the decision of the Constitutional Court in Constitutional Petition 42 of 2022 Uganda Law Society v Attorney General, which has declared that the Computer Misuse (Amendment) Act 2022, a.k.a the Muhammad Nsereko Bill, was enacted in violation of Articles 88 and 89 of the Constitution regarding quorum,” the statement posted via the society’s socials read on Tuesday.
The amendments in the Computer Misuse Act were tabled in Parliament by the Kampala Central MP Muhammad Nsereko, and on September 8, 2022, Parliament passed the Bill into Law, but the Constitutional Court ruled that Parliament failed to verify quorum during the passage of the law, rendering the entire amendment process unconstitutional and the provisions null and void.
According to ULS President Isaac Ssemakadde, the decision not only restores constitutional order but also protects citizens from laws that unjustifiably limit expression. “This is a clear vindication for content creators… who were hitherto charged under the impugned provisions,” he wrote.
The ruling, Ssemakadde says, means immediate legal consequences, particularly for individuals facing prosecution under the scrapped provisions, are now voided.
“The implication is that all ongoing criminal trials founded on these provisions must therefore be terminated immediately and the charges dismissed. This is a clear vindication for our content creators like Male Mabirizi, Ibrahim Musana a.k.a Pressure24/7, and Emmanuel Nabugodi, who were hitherto charged under the impugned provisions.”
He further urged affected individuals to seek legal advice on available remedies, especially those who may have already been convicted under the law. “ULS calls upon all affected persons to seek legal advice from licensed advocates on the remedies available to them. Those unable to afford private counsel are encouraged to seek legal assistance from any of the 22 branches of the Legal Aid Project of the Uganda Law Society,” he said.
In a related development, the court also declared criminal libel provisions under the Penal Code unconstitutional, citing their vague and ambiguous nature. ULS welcomed this finding, noting that it aligns Uganda’s legal framework with international human rights standards on freedom of expression.
Ssemakadde commended the team of lawyers and petitioners who challenged the law, as well as Hon. Gorret Namugga for her minority report opposing the amendments in Parliament.
“ULS expresses its gratitude to Hon. Gorreth Namugga, MP Mawogola County South, the author of the Minority Report acknowledged in the judgment. She fiercely opposed the Nsereko Bill as a threat to freedom to expression and the right to access to information.”
“ULS also commends the team of advocates who prepared and prosecuted this petition, including our Vice President, Asiimwe Anthony, Phillip Karugaba, Jude Byamukama, Patrick Mugalula, Edwin Mugumya and Paul Katunguka, for their diligence and generous service to the Bar,” he emphasized.
The lawyers’ body reaffirmed its commitment to defending constitutional rights and warned against future laws that undermine democracy and civil liberties.
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