Opinion: When A Ugandan Judge Gets Injustice In A UK Trail

By Hon. Dr. Odonga Otto | Political Philosopher

The trial of Justice Lydia Mugambe was unfair from the onset. One would be naïve to think or expect otherwise.

This trial was not merely legal—it was a clash of civilizations: the European justice system, founded on the Westphalian concept of justice, met the African concept of justice, rooted in Ubuntu philosophy.

The European system is retributive; the African system is restorative. I once wrote a PhD proposal on this very subject. However, even getting professors from the University of Pompeu Fabra in Barcelona to not only supervise but understand it marked the beginning of this civilizational conflict.

The white man cannot comprehend mato oput, a reconciliation practice among the Acholi people of Uganda—where enemies reconcile and live as friends again. In Uganda, this principle has led to the release of convicted murderers like Mathew Kanyamunyu and Desh Kananura, while their victims lie in graves.

In the Western justice system, it is “an eye for an eye, a tooth for a tooth.”

Justice Lydia will now rot in jail for six years, only to be released at the earliest after three and a half years—to “clean the streets” as the lighter and “easier” part of her sentence.

At the time of allocutus—the moment to present mitigating factors that could reduce a sentence—Justice Lydia still insisted the verdict was unfair. In the Western system, such defiance is seen as impudence and impunity.

Western justice is retributive because, as they say, they have “no clan, no culture, no elders to put children down.” They uphold the law to the letter.

When Justice Lydia attempted to reach out to the “victim” through a pastor, it only worsened her case. It was interpreted as influence-peddling and a breach of her police bond terms. Yet, in Africa, reconciliation is encouraged—before, during, and even after a trial.

What is a virtue in Africa becomes a vice in Europe.

When caught in such situations in Westphalian jurisdictions, the cheapest path is to simply say sorry, tell the truth, or run away.

To Justice Lydia, she was the victim—a victim of trying to help someone escape the jaws of poverty, from selling nakati vegetables. The growing number of Africans crossing the Sahara and sailing to Europe tells that same story.

The best and most ideal response to such a predicament? Stay away—or run from such a clash of civilizations.

The University of Oxford is reportedly set to expel Justice Lydia soon.

Philosophically, her trial was simply a clash of civilizations.

The judgment noted that Lydia “acted the victim,” even though there was another victim—the maid. Yet 90% of Ugandans believe Justice Lydia was the victim, that her actions were a kind gesture.

Meanwhile, 100% of Westerners think otherwise.

Ironically, when white people come to Africa, they employ domestic workers under worse conditions than what Justice Lydia offered. But that is not called slavery—because we have no minimum wage.

When all is said and done, Justice Lydia will learn nothing in prison. She is a product of our society. She tried to help a needy maid. There is nothing for her to “reform from.” Her imprisonment is not restorative—it is pure punishment. It is retributive.

She will, as the saying goes, learn nothing and forget nothing—like the Bourbon monarchs.

Meanwhile, the maid has a strong case to gain permanent residency in Europe. But the curses will one day follow.

OdongaOtto@gmail.com