On March 13, 1989, Kassim Obura became the first high profile Amin-era security official to be hanged at Luzira Maximum Prison. He was the Inspector General of Police (IGP) between 1976 and 1979. Writes John Musenze
While still a commissioner of Police during the Idi Amin era and second-in-command of the Public Safety Unit that was specifically charged with fighting what the regime termed as economic crimes, Kassim Obura was accused of being high-handed in several killings.
One of his victims was Samson Ddungu, a businessman who had just been freed by court in 1973. Ddungu was a co-owner of Delight Cinema in Kampala and was arrested over accusations of stealing sh54,000, a big amount at that time.
He was arrested along with three others: Delight Cinema employees A. Mubiru, M. Senkumba and Toepista Namusisi, a cashier at Grindlays Bank. He was, however, freed by court, only to be killed.
Before being freed on a ‘no case to answer’ basis, Ddungu had pleaded with the magistrate to send him back to Luzira Prison for fear of being killed by Obura’s unit. Indeed, Ddungu was picked from court after being freed and killed from the public safety unit headquarters in Naguru, Kampala. It is for this crime that Obura was tried and hanged.
He had spent nine years on death row after being sentenced to death on January 22, 1981, by Justice Odoki.
Following the fall of Amin’s regime on April 11, 1979, Obura surrendered to the Uganda National Liberation Forces in Luwero in May and addressed the media.
The following month, he was arrested from his home in Amolatar district near Lake Kyoga by the Tanzania forces in June 1979. During the arrest, Tanzanian soldiers looted his house and brutally handcuffed him in the presence of his children.
One of the children told the Tanzanian soldiers to remove shoes from his father’s legs because he was uncomfortable and bleeding. The soldier obliged and after that, they put him on a Land Rover and drove to Kampala.
In Kampala, he was charged by Magistrate James Okuku and remanded to Luzira Prison.
He was tried before Justice Odoki for the murder of Ddungu starting October 29, 1980.
His lawyer was the late Protasio Sebutozi Ayigihugu. During his trial, there were always crowds outside court that always taunted and mocked him.
Genesis
Court heard that on November 19, 1973, Samson Ddungu, a businessman, was arrested by members of the Military Police from Makindye, Kampala and taken to the Public Safety Unit headquarters in Naguru, where he was detained along with other individuals.
Obura was the head of the Public Safety Unit which was headquartered at Naguru.
According to a charge sheet signed by Obura, Ddungu was charged with nine counts of forgery, uttering a false document, and theft.
Ddungu was taken to the Buganda Road Magistrate Court in the morning, but his case was not heard until in the evening. His lawyer was Enos Ssebunya.
When the charges were read, Dungu pleaded guilty to two counts out of the nine that had been preferred against him.
However, just before the magistrate could enter the convictions, Police prosecutor Anthony Oryema, made an application to withdraw the case on grounds that Dungu had been wrongly charged.
The magistrate allowed the prosecutor’s application to withdraw the case. On hearing this Dungu sensed danger and pleaded with the magistrate to have him sent to Luzira Prison instead of releasing him to be killed.
Dungu feared that once freed, he would be killed by Obura’s men. But since he was a free man, there was no way court could entertain his application to send him to prison.
Before the Chief Magistrate could leave his seat, Ddungu dashed through the witness box door and escaped through a window. He then ran to hide in a nearby building on George Street.
There followed commotion in the court and firing of bullets by policemen who were around. Lawyer Ssebunya, who had taken refuge in the Chief Magistrate’s chambers as his client was being rounded up, was arrested.
Ddungu was brought handcuffed and then put in the boot of a white Mercedes Benz car and driven under Police escort to Naguru Public Safety Unit.
Ssebunya, who was put in a different Police car, was also driven to the same destination. A few minutes later Ddungu, still handcuffed, was shot dead in the Public Safety Unit (PSU) yard near a fence.
The prosecution stated that it it was Obura who shot Ddungu, but he denied this. Court mainly relied on Ssebunya’s testimony. Although 21 witnesses were lined up to testify against Obura, court mainly relied on Ssebunya’s testimony to convict him.
According to Ssebunya, when they arrived at Naguru PSU, they stopped at a place near cells, where there was a strong fence of barbed wire.
Ddungu was taken out of the boot of the car and made to sit down. Sebunya said he was seated near Ddungu, who was in handcuffs. He said Obura, senior Police officer Alli Towelli Nyanzi and another man who was not in uniform, were at that place.
Nynazi reportedly asked Ssebunya to remove his necktie, jacket and shoes. He did so. He was asked to lie down and was beaten by him (Nyanzi). After the beating, he sat down again.
Beer and cigarettes were brought. Obura reportedly asked Ssebunya why he was getting involved in such cases.
Obura then talked to Nyanzi after which he asked Ddungu to stand up, move close to the fence and keep his back to him. At that time Ddungu cried out: “Obura do not kill me, let somebody do it. You are my muko (brother-in-law).”
The appellant then pulled a short gun from his pocket and moved towards Ddungu, who was still crying for mercy and shot him. Ddungu, who was still handcuffed, dropped down dead.
The appellant returned, put back his gun, washed his hands, sat down and started drinking and smoking. The appellant then said to Ssebunya: “Mr. Lawyer, there is your client.” Later, a Police landrover came to the scene and Obura reportedly ordered Ssebunya to lift Ddungu’s body into the landrover, but he was unable to lift it alone.
Other people were called from the cells; they did so. Ssebunya denied any suggestion that Ddungu was shot dead by Nyanzi.
Another witness known as Kabuuka told court that the shooting was on the afternoon of 23, November 1973.
When he went out of his room at Naguru College Hostel to collect his clothes, which were drying in the sun, he saw some commotion at the yard (public Safety Unit) opposite the hostel.
Three Policemen were torturing and flogging Ddungu who was being made to jump up and down, falling down and standing up. He then saw Policeman fire at the deceased who fell down.
The deceased had been standing with his back facing the appellant. After sometime, he saw some prisoners emerge from the building and carry the body of the deceased into a motor vehicle which drove away.
Kabuuka was about a hundred and fifty yards away at the time of the incident. Ddungu’s brother, Muwanga, told court that when Ddungu was arrested, Obura asked them for a bribe of sh54,000 to release him.
Ddungu was released, but later re-arrested after one week. Through his lawyer, Obura admitted to receiving the money, but said it was for another soldier in the unit, who had demanded for it.
Conviction
In his judgment, the judge noted the contradictions between the evidence of Ssebunya and Kabuuka, namely the commotion at the yard, flogging and torture of the deceased before he was shot dead and grabbing of the gun from a policeman, but did not resolve them.
In fact the judge believed both witnesses, although he preferred the evidence of Ssebunya who was at the spot with his client.
Throughout the trial, Ddungu’s loved ones used to throng court and would always be heard throwing words full of vengeance at Obura as prison authorities drove him away after court sessions.
His legal team unsuccessfully tried to appeal the High Court’s decision.
On March 13, 1989, Obura was hanged alongside other two prisoners in Luzira Prison. It is said he waved goodbye to other detainees as he was being led to the gallows.
He also handed his will to his family and asked them to forgive those who wronged him.