Hons Ssegirinya and Ssewanyana’s Legal Team Weary of Ghost Witnesses and Fabricated Evidence Prosecution.


The pretrial of the two embattled legislators in Uganda, Hon. Ssegirinya Muhammad of Kawempe North and Hon. Allan Ssewanyana of Makindye West seems to be setting pace for a futile trial after lawyers appear to be suspicious of the ghost witnesses and concocted evidence.


“For a fact, they have taken over a year, trying to investigate a case and even bringing witnesses is a problem to them, and now they want court to give us only 15 days with in which to do all the research and look at how to challenge witnesses; it is actually the state playing hide and seek to delay the case,” argued Counsel Shamim Malende who is one of the lawyers for the incarcerated MPs and also woman Member of Parliament Kampala district.


This comes after defense team comprising the Kampala Lord Mayor Erias Lukwago, Kampala Woman MP Counsel Shamim Malende, Counsel Samuel Muyizzi and others filed an application seeking the International Crimes Division of the High Court to refer their appeal against the previous rulings made by the same court to the constitutional court.


On October 3, the International Crimes Division of the High Court in  Kampala upheld the ex-parte application by the state that sought for the protection of 17 witnesses and later on October 5, the same court also dismissed an application by the defense legal team of the incarcerated legislators that sought for consolidation of charges in Masaka High Court and those of ICD.


“And we are really concerned with that because it will occasion the miscarriage of justice if the identity of these critical witnesses is hidden, and, that has got far reaching effects in terms of implicating the two legislators,” said Erias Lukwago.


Though the Prosecution team led by Chief Prosecutor Richard Birivumbuka challenged the defense team to directly file their appeal in the Constitutional court, the defense team insisted on the reference by the ICD for it was once tried with the  appeal against the denial of bail by Masaka High Court, which the constitutional court struck out.
Why Run to the Constitutional Court?


According to the defense legal team, the previous decisions by the ICD contravene articles 28, 42, 44 of the 1995 Uganda Constitution, which prescribe rights to fair hearing, speedy trials and protection of human rights and fundamental freedom of Ugandans.
“That does not argue well with the dictates of the constitution in article 28, which guard against the double jeopardy and does not in any way accord the right to a fair hearing to the accused person because in assembling the defense, we don’t have to be embarrassed with multiplicity of proceedings,” added Lukwago.


The lawyers further questioned the rationale of the Prosecution’s concealing of the information and identities of all the witnesses.


“If they are not fake and fabricated to keep the honourable MPs in incarceration, why can’t they be disclosed?” questioned Erias Lukwago, one of the lawyers for the detained legislators.


Much as the incarcerated MPs are charged with several others; Jude Muwonge, Jackson Kanyike, John Mugerwa, Bull Wamala and Mike Serwaada, there are suspects whose charges have confused the Judge. 


A case in point is A2/accused2, Jude Muwonge. Yesterday, after the presiding Judge Alice Komuhangi Kaukha finding that the suspect is not included on the charge sheet, with no clear explanation from the state on how he ended up at ICD, the judge ordered the prison authorities not again to arrain him before the ICD but did not discharge him even when Muwonge pleaded innocent.


All these are mysteries that hovering the charges, the Witness, the co-accused and every other thing that is associated with the charges of murder, terrorism, attempted murder and abating terrorism as imposed on the two legislators.


The Judge therefore set October 13 for the ruling on the defense legal  team’s application for reference of an appeal to the constitutional court. But, whatever the decision that the ICD will pronounce, lawyers call them phenomena that are not allowed in constitutional jurisprudence.


But, right now, the defense legal team is timid of how they will defend their clients during the trial when first challenging the witnesses and the evidence pinning their clients would be of a great help on their side.

The two members of parliament have been in prison for more than a year on fabricated charges.

Human Right Violation and Abuses: Arrests and Detention by Uganda and Police – Mukono district in Uganda

Reports of kidnaps, arrests, unlawful detentions, tortures, disappears of National Unity Platform (NUP) coordinators or opposition candidates going on in Mukono district, Uganda. These are few of the many cases being published by Freedom Uganda.

Articles 9 of the International Covenant on Civil and Political Rights:

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

  1. National Unity Platform coordinators from Katoogo Parish, Nama Sub-county in Mukono District detained at Mukono Police Station.

2. Arrested and detained below are Muhammad Kanata, Musa Male and Julius Kiberu. Others from the same area include Isma Ssenkubuge, Sula Kiwanuka, Juma Mukasa, Joseph Kyakuwa, Steven Ntulume, Gaz Kabanda, Ssemipjja, Musa Kajimu and Kharim. All kidnapped by security operatives in Uganda from the villages of Buntaba, Kabembe, Kisowera, Katoogo and Walusubi in Mukono District.

Human Right Violation and Abuses: Arrests and Detention by the Uganda Military and Police

Freedom Uganda reporting some of the many unlawfully arrested and abuse of human rights inflicted by Uganda Police, army and military on the people of Uganda.  On December 30, 2020, many of presidential campaign team for Presidential candidate Robert Sentamu Kyagulanyi aka Bobi Wine were arrested by the Uganda military and are held in various detention centers including military barracks. These are few pictures of the many Ugandans unlawfully arrested, kidnapped, detained, tortured, abused and some killed or their whereabouts unknown.

The right is enshrined in Articles 9 of the International Covenant on Civil and Political Rights:

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

BRIEF NUP COURT CASES UPDATE 1

The team of 13 comrades in Lira that was arrested in Kole District last month during #Bobi4President’s campaign in the District got cash bail today but towards evening when banks were already closing. Some of them, thus, got out of jail today but the last member of this team will have been released by end of tomorrow.

2. Sserunkuuma Johnbosco & 13 other supporters of NUP who were tried at Makindye Court Martial and remanded to Kitalya Prison 3 weeks ago for putting on #PeoplePower attire were not returned to Court today. Court Martial officials gave no reason for this but simply stated that their Court will neither sit today nor tomorrow. They proceeded to chase of relatives and lawyers who had gone to represent the suspects. NUP lawyers have embarked on the necessary legal steps to arrest this brazen travesty of justice.

3. The 100+ members of our President’s campaign team who were arrested in Kalangala last week have been granted cash bail of UGX 200K each today by Court in Masaka. They were charged with inciting violence; obstruction of Police officers on duty; and committing negligent acts likely to spread an infectious disease (Covid-19), among other charges.

However, 4 of these including Eddie Mutwe, Kafuko Stanley and Kampala Lookman have been further remanded to Prison until 19th January 2021 after they were read an additional 6 charges related to alleged destruction of police property and assault of police officers, among others. Needless to say that all these are politically-motivated charges preferred against our comrades with the aim of criminalising our President’s lawful campaign and intimidating his supporters.

By end of working hours today, NUP had paid bail fees for 50+ of the comrades, and will conclude the bail procedures for the rest of the comrades tomorrow.

NUP intends to obtain Production Warrants for comrades who have been remanded to Prison — including those whose bail applications were rejected — such that they may regain their freedom sooner than 19th.

Human Rights Uganda Case: Grace Walungama, 30

He was an intern mechanic from Kyambogo University working at a garage in Kosovo, Lungujja. Three security operatives raided the garage and claimed that it was the one supplying the rioters with tires. According to eyewitnesses, the deceased fell to his knees and pleaded that the garage had nothing to do with riots. One of the officers ordered him to go to the road and remove the burning tires to prove that he had nothing to do with it. The deceased pleaded that he could not go there because it was so dangerous and the officer shot him dead. The co-worker of the deceased demanded to know the reason why his friend had been killed and he was killed on the spot. Kampala Metropolitan Police, Lucas Owesigire confirmed the two deaths as reported by New Vision newspaper “I confirm the death of the two people but investigations are ongoing to ascertain the circumstances that followed leading to their deaths,both bodies were conveyed to city mortuary Mulago for postmortem.”


Police Brutality: An upcoming MP speaks out.

No amount of words can express the anguish and pain of watching innocent Ugandans being gunned down just for letting their voices be heard. No conviction sentence can be long enough to pay for the crimes against humanity committed in such a short period – in broad day light.Fellow Ugandans, how long shall we stay silent? How many more must die before we all come out in unison to condemn and even demand the immediate arrest and prosecution of the Commander in Chief of such criminals? Where are you mothers of this land? Where are you fathers? Brothers and sisters, shall you stay in your confines of your comfort zones as more blood defiles our land?

I say again, this impunity must stop and there is no one to stop it but all of us – Ugandans who love our mother land.It makes one wonder, is it just for the love of power that you are killing your own ‘grandchildren’ or are you protecting what has become your cash-cow? We are aware that you and your mafias have robbed this country clean and have left we – your grandchildren with debt that even our own grandchildren may have to pay. Could this be the real reason you are murdering innocent blood?

Mr. Dictator Sir, I would like to remind you that 37 years ago, you claimed you were fighting for democracy for this country, have you totally lost your memory or were you simply fooling Ugandans? Today, you cannot stand seeing the love Ugandans have showed Hon. Kyagulanyi wherever he goes. How is it possible is the ‘democracy’ you fought for does not allow a Uganda to wave to his fans and supporters?

When you say, you will compensate those who have lost their lives, when you kill a man’s only son, is the money you are going to give going to raise sons for him so that his lineage will continue? Or will your peanuts be there to walk a girl down the aisle on her wedding day? Be informed that no amount of money can replace lives.

I know you are used to grazing cows and can pick and kill one for beef at any time you please, Ugandans are not cows that you can just slaughter and get away with it. The world is watching. The cameras are rolling. The pens are noting. You either stop this madness now and ask for amnesty while you still have a chance, or …………..!I call upon all those who haven’t spoken against this brutality to please come out and join the struggle to stop this slaughter. Do not wait until one of yours becomes a statistics. Speak up now.

I continue to thank Ugandans for coming out boldly and letting your voice be heard and those who have come out to condemn the bloodshed.

People Power. Our Power!

NYEKO DERRICKNUP FLAG BEARER – MP MAKINDYE EAST