School of Law

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History of Busoga
(Designed, printed & published by Marianum Press Ltd., 2020) Lubogo, Isaac C.
This “History of Busoga” is a translation of the original work of Mr. Y.K. Lubogo which was written in Luganda between 1921 and 1938. While considerable effort has been made to produce a readable English version, the objective of the translation is to preserve the content and style of the original work rather than produce a literary work. The facts and figures given were set forth by the Literature Committee. It is a pity that such a long delay has occurred between the completion of the manuscript and the publication of the book. Nevertheless, it is fortunate that this newly constituted Literature Committee has been able to produce for distribution the result of so many years hard work by the author. Since there has been this lapse in time between the writing of the original work and the appearance of this edition “The History of Busoga” is far from up-to-date and readers have to remember that when the author refers to “present day conditions”, he naturally means at the time he was writing; some time prior to 1939.
Cyber law in Uganda
(Jescho Publishing House, 2020) Lubogo, Isaac C.
A treatise to my learned friend the Attorney at law
(Designed, printed & published by Marianum Press Ltd., 2020) Lubogo, Isaac C.
Obuntu-Bulamu and the law
(Jescho Publishing House, 2020) Lubogo, Isaac C.
This is the first comprehensive book to address the relationship of Ubuntu to law in Uganda. It also provides the most important critical information on the use of Ubuntu, by the judiciary in Uganda. Although Ubuntu is an ideal or value rooted in Africa, its purchase as a performative ethic of the human goes beyond its roots in African languages. Indeed, this book helps break through some of the stale antinomies in the discussions of cultures and rights, since both the courts and the critical essays discuss Ubuntu as not simply an indigenous or even African ideal but one that is its own terms calls for universal justification. The efforts of Courts to take seriously competing ideals of law and justice has led to original constitutionalism and law more generally. Ubuntu, then, as it is addressed as an activist ethic of virtue and then translated into law, helps to expand the thinking of a modern legal system’s commitment to universality by deepening discussions of what inclusion and equality actually mean in a postcolonial country. Since Ubuntu claims to have universal purchase, its importance as a way of thinking about law and justice should not be limited to a few which has greatly incorporated the same, it but becomes important in any human rights discourse that is not limitedly rooted in Western European ideals. Thus, this book will be a crucial resource for anyone who is seriously grappling with human rights, postcolonial constitutionalism, and competing visions of the relations between law and justice. This book will (attempt to) demonstrate the irony that the absence of the values of Ubuntu in society that people often lament about and attribute to the existence of the Constitution with its demands for respect for human rights when crime becomes rife, are the very same values that the Constitution in general and the Bill of Rights in particular aim to inculcate in our society. Furthermore, the new call for an African renaissance that has now become topical globally, I would like to demonstrate the potential that traditional African values of Ubuntu have for influencing the development of a new Ugandan law and jurisprudence. I would like you to view this presentation as a contribution to the early debates on the revival of African jurisprudence as part of the total or broader process of the African renaissance.
The law of penology and criminology
(Jescho Publishing House, 2021) Lubogo, Isaac C.
“If a law is unjust, a man is not only right to disobey it, he is obligated to do so as a test of legal validity, any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority “Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless.” Isaiah 10:1 Recent developments in the law have occurred against a background of mounting public anxiety about violent street crime. Leading politicians have proclaimed crime a priority rivaling even inflation and defense. As the sense of urgency intensifies, the desperate search for answers quickens. Virtually every day, a politician, editorial writer, or criminal justice professional offers a new prescription for ending crime. I believe the discussion currently raging over justice issues can best be understood by focusing upon a central question: Must we compromise the most basic values of our democratic society in our desperation to fight crime? I have elsewhere considered the implications of this question for issues of criminal responsibility and for policy choices in the administration of justice. In this book, I will examine the ways in which different answers to this fundamental question can affect the development of legal doctrine, particularly with respect to the constitutional rights of those accused of crime. Proﬁciency in law involves a number of different skills and competencies. It requires knowledge of the rules wherein the elements of criminal offences are to be found. It requires knowledge of the rules of evidence and procedure. It requires an ability to identify the rule(s) applicable to a fact situation and to apply them logically and coherently. Attaining these latter competencies is necessary to discharge effectively the day-to-day tasks of a criminal lawyer solicitor, advocate or judge. However, true mastery requires something further. It requires also a critical and evaluative attitude. The law in action is not just a matter of doctrine, it has its purpose that is the delivery of justice and criminal justice which are a contingent outcome in which rule, process and context all play their part. It is not simply a logical description of what happens when rule meets (prohibited) event. Understanding the law requires, therefore, an appreciation of the day-to-day workings and constitution of the criminal justice system. Moreover, it requires an understanding of the resources of the criminal law to produce substantive justice. If the mechanical application of a given rule to a fact situation acquits a dangerous or wicked person, or convicts someone neither dangerous nor blameworthy according to ordinary standards, the law may be considered not only ‘an ass’ but as confounding its own rationale.
Law of sports and entertainment in Uganda
(Jescho Publishing House, 2021) Lubogo, Isaac C.
Demystifying the order from above
(Jescho Publishing House, 2021) Lubogo, Isaac C.
The Executive Constitutional Mandate
(Jescho Publishing House, 2021) Lubogo, Isaac C.
The first thing I would like to ask my readers is to imagine a different President in office. If they support the current President and believe those who oppose him are doing so for partisan or otherwise illegitimate reasons, they should visualize a President whom they completely distrust. Conversely, if they dislike the current President, they should conceive of the President in power as someone they support and that those opposing him are acting illegitimately. This exercise is helpful, I believe, for focusing attention on the underlying constitutional issues rather than upon the wisdom, or lack thereof, of a particular President’s policies. Views as to whether or not an exercise of presidential power is legitimate tend to be based less upon legal abstractions than upon perceptions of the particular President in power. Someone supporting a particular President, for example, is likely to believe that parliament should not have the power to interfere with the President’s unilateral decision to send troops into armed conflict or that parliament should not have the authority to demand the President to extend or remove his term limits. Conversely, someone who believes a President’s agenda is improperly motivated or illadvised is more likely to support constitutional principles that provide significant checks and balances upon the President’s exercise of power. In this way, views on presidential power tend to be more variable than views on other constitutional issues because they intuitively relate to who is in power in a way that views on other controversial constitutional issues such as freedom of speech and assembly, or freedom of religion do not. For this reason, this book on presidential power is well timed. Because the question of who will hold the Presidency after the next election should always be much in doubt, this is the perfect opportunity to examine the nature of presidential power as an abstract matter, rather than as a criticism or as an apologia of a specific President’s actions. This is what I intend to do in this book. Specifically, I contend that the power of the Presidency has been expanding since the founding, and that we need to consider the implications of this expansion within the constitutional structure of separation of powers. No matter which party controls power. This book makes the descriptive case by briefly canvassing a series of factors that have had, and continue to have, the effect of expanding presidential power. It further suggests this expansion in presidential power has created a constitutional imbalance between the executive and legislative branches, calling into doubt the continued efficacy of the structure of separation of powers set forth by the Framers. The book offers some suggestions as to how this power imbalance can be alleviated, but it does not present a silver bullet solution. Because many, if not all, the factors that have led to increased presidential power are the products of greed and selfish needs. Thus, this book ends with only the modest conclusion that regardless of who wins the Presidency, it is critical that those on both sides of the aisle work to assure that the growth in presidential power is at least checked, if not reversed.
The law of forensics in Uganda
(Jescho Publishing House, 2021) Lubogo, Isaac C.
Everything is a self-portrait, a diary, your whole drug history’s in a strand of your hair. Your fingernails the forensic details the lining of your stomach is a document. The calluses on your hand tell all your secrets. Your teeth give you away. Your accent, the wrinkles around your mouth and eyes, everything you do shows your hand. (Chuck Palahniuk) This book gives an understanding of the application of forensic sciences to the law. It covers the crime scene investigation process, and provides an overview of the various kinds of forensic evidence that may be collected and presented in court. Points out the identification, documentation and collection of physical evidence, including fingerprints, shoe impressions, hair fibers, firearms evidence and questioned documents, It considers biological evidence, including DNA, and tries to analayze the scientific unimpeachablity of DNA, blood spatter and other fluids, forensic anthropology and odontology. Finally, the book engages fire investigation and forensic accounting. It is designed to provide a foundation in the field of criminalistics to who are interested in the use of science and law to solve crime, and considers the impact of television and other media on the field of Forensic Science and the courtroom. “...if the glove doesn’t fit the hand then you must aquit...” Jonny l. Cochran in the trail of the century the O.J Simpsons case
The law of oil and gas in Uganda
(Jescho Publishing House, 2021) Lubogo, Isaac C.
The law on professional malpractice in Uganda
(Jescho Publishing House, 2021) Lubogo, Isaac C.
Intelligent design and the African ontological and epistemological aesthetics
(Jescho Publishing House, 2021) Lubogo, Isaac C.
The intention of this book is to affirm the exixtence of an African God (if there is anything like that); God the maker of a dynamaic universe. In this book, I analyse the mtyhs of various African peoples who relate that after setting the world in motion, the Supreme Being withdrew and remains “remote” from the concerns of human life or better perhaps set his paradigms in which (we call mankind) could reach him through different metaphors, call them different religions. The elementary concepts of British justice are a part of the essentials of civilization that we bring to Africa along with vaccinations and drains and literacy and God (Emphasis added) This book focuses on how the idea of God(s) permeated the legal ideology of the Africa’s nascent states. During the colonial period, it debated the best way to instil the principles of English justice in “savage” and “barbarous” peoples. Africa, the Gold-land compressed within itself-the land of childhood, which lying beyond the day of self-conscious history, is enveloped in the dark nature of night. This book also begs the need to better understand the origins of the continent. For example, where did the name Africa originate from? This question has attracted various schools of thought in the quest to establish how the name Africa came to be. A certain school of thought argues that the name Africa never originated from within the people and her people were never associated with the name. In fact, this school argues that Africa was initially named Alkebulan and was widely referred to as Alkebulan before the name Africa was conjured. In Kemetic History of Afrika, Dr cheikh Anah Diop writes, “The ancient name of Africa was Alkebulan. Alkebu-lan “mother of mankind” or “garden of Eden”.” Alkebulan is the oldest and the only word of indigenous origin. It was used by the Moors, Nubians, Numidians, Khart-Haddans (Carthagenians), and Ethiopians. Africa, the current misnomer adopted by almost everyone today, was given to this continent by the ancient Greeks and Romans.” He further postulates in sync with historians in this school that the continent was also called, by many names aside Alkebulan. These names include Ortigia, Corphye, Libya, and Ethiopia.
Freedom through law
(Jescho Publishing House, 2021-07) Lubogo, Isaac C.
If the legal system or a particular law is wrong or not good enough, and should be changed: if that is against the law, then the law is an ass – an idiot….said of a law that one thinks is unnecessary or ridiculous. The phrase comes from Charles dickens Novel Oliver twist this opinion was expressed by Mr. Bumble, when he learned from Mr. Brownlow that, under Victorian law, he was responsible for actions carried out by his wife. His words and action vividly convey the extent of his indignation when he apprised of this legal fact, if that’s the eye of the law, the law is a bachelor: and the worst I wish the law is that his eye may be opened by experience. (Resonate with changing society) This is the very purpose of this book the law should be seen to resonate with changing society not a dogma for if we fail to do so then to use Shakespeare’s exact line by the famous plotter of treachery “ the first thing we do, let’s kill all the lawyers” this was stated by dick the butcher in Henry VI part II, Act IV, Scene II, LINE 73 Dick the Butcher was a follower of the rebel Jack Cade, who thought that if he disturbed law order, he could become king. Shakespeare meant it as a compliment to attorneys and judges who instill justice in society. It is among Shakespeare's most famous lines, as well as one of his most controversial. Shakespeare may be making a joke when character "Dick the Butcher" suggests one of the ways the band of pretenders to the throne can improve the country is to kill all the lawyers. Dick is a rough character, a killer as evil as his name implies like the other henchmen, and this is his rough solution to his perceived societal problem. The line has been interpreted in different ways: criticism of how lawyers maintain the privilege of the wealthy and powerful; implicit praise of how lawyers(law) emphasis added stand in the way of violent mobs; and criticism of bureaucracy and perversions of the rule of law under THE NAME OF DOGMA.
Fashion, design and entertainment law in Uganda
(Jescho Publishing House, 2022) Lubogo, Isaac C.
Objection my Lord volume 3
(Jescho Publishing House, 2022) Lubogo, Isaac C.
Music and the Law in Uganda
(2022) Lubogo, Isaac Christopher
A legal appraisal of “Njaga” cannabis and associated medicinal herbs in Uganda
(Jescho Publishing House, 2022) Lubogo, Isaac C.
Cannabis is a drug plant. People use the dried leaves, seed oil, and other parts of the cannabis plant for recreational and medicinal purposes. It can have a pleasurable effect and may soothe the symptoms of various conditions, such as chronic pain. It is prudent to say that the first written record of the plant consumption and growing is in South Africa. Jan Van Riebeeck, who ordered officers of the Voorman to purchase "daccha" in Natal for trade with the Khoikhoi. The Dutch East India Company attempted to establish a monopoly on its sale, and to that end prohibited cultivation of the plant by Cape settlers from 1680. However, the ready availability of cannabis in the wild and through trade with indigenous peoples meant that there was little profit to be made. Consequently, the prohibition was lifted in 1700. Beginning in 1860, the Natal Colony began to import Indian workers (called "coolies" at the time) to supplement their labour force. These Indians brought with them the habit of consuming cannabis and hashish, which blended with local, extant African traditions. The European authorities were concerned by this practice, believing it sapped the vitality of their workers; consequently, in 1870, Natal's Coolie Law Consolidation prohibited "the smoking, use, or possession by and the sale, barter, or gift to, any Coolies whatsoever, of any portion of the hemp plant (Cannabis sativa) ..." Over 10 countries have now legalized marijuana, these include, Lesotho. The high-altitude, landlocked kingdom encircled by South Africa, was the first country in the continent to legalise medicinal cultivation of weed in 2017, South Africa, Netherlands, Canada, Colombia, United States, Rwanda, Morocco. Isaac Christophher Lubogo 10 The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and (in regards to medical) how it can be consumed and what medical conditions it can be used for. These policies in most countries are regulated by three United Nations treaties: the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. [1][2] Cannabis is classified as a Schedule I drug under the Single Convention treaty, meaning that signatories can allow medical use but that it is considered to be an addictive drug with a serious risk of abuse. The use of cannabis for recreational purposes is prohibited in most countries; however, many have adopted a policy of decriminalization to make simple possession a non-criminal offense (often similar to a minor traffic violation). Others have much more severe penalties such as some Asian and Middle Eastern countries where possession of even small amounts is punished by imprisonment for several years. Countries that have legalized recreational use of cannabis are Canada, Georgia, Malta, Mexico, South Africa, Thailand, and Uruguay, plus 19 states, 2 territories, and the District of Columbia in the United States and the Australian Capital Territory in Australia. Commercial sale of recreational cannabis is legalized nationwide in two countries (Canada and Uruguay) and in all subnational U.S. jurisdictions that have legalized possession except Washington, D.C. A policy of limited enforcement has also been adopted in many countries, in particular the Netherlands where the sale of cannabis is tolerated at licensed coffeeshops. Countries that have legalized medical use of cannabis include Argentina, Australia, Barbados, Brazil, Canada, Chile, Colombia, C ostaRica, Croatia, Cyprus, CzechRepublic, Denmark, Ecuador, Finland, Ge rmany, Greece, Ireland, Israel, Italy, Jamaica, Lebanon, Lithuania, Luxembo urg, Malawi, Malta, the Netherlands, New Zealand, North Macedonia, Norway, Panama, Peru, Poland, Portugal, Rwanda, Saint Vincent and the Grenadines, San Marino, Sri Lanka, Switzerland, Thailand, A Legal Appraisal of Njaga Cannabis and Associated Medicinal Herbs in Uganda 11 the United Kingdom, Uruguay, Vanuatu, Zambia, and Zimbabwe. Others have more restrictive laws that allow only the use of certain cannabis-derived pharmaceuticals, such as Sativex, Marinol, or Epidiolex. In the United States, 37 states, 4 territories, and the District of Columbia have legalized the medical use of cannabis, but at the federal level its use remains prohibited. Interestingly Njaja (cannabis) and Mirra (khat), although designated as noncommercial herbs, there use both medically and economically cannot be underestimated, neighboring countries like Kenya and Ethiopia have actually delegalized their trade, and have adopted an open policy for khat as a very major source of economic production, by way of comparison khat as a source of income in Ethiopia and Kenya beats all our exports combined. It’s also prudent to note that where tea grows khat will easily grow, in fact several planes ferry khat on daily basis to Mogadishu and Kenya on average earns about to there million dollars out of khat. If we are to argue in terms of the level of intoxication it can be argued that one beer bottle is equivalent to several kilograms (which would be several sacks full) of Cannabis which is practically impossible for one to consume in a single day. This therefore poses the question is it not time to delegalize these herbal plants and advocate for an open policy for cannabis and other herb medicinal plants.
Objection my Lord vol.4
(Jescho Publishing House, 2022) Lubogo, Isaac C.
Objection my Lord vol.6
(Jescho Publishing House, 2022) Lubogo, Isaac C.
A sexuality, gender and disability law in Uganda
(Jescho Publishing House, 2022) Lubogo, Isaac C.

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