Man imprisoned after borrowing army uniform to woo lover

The road to hell is paved with good intentions so the adage goes.

For Ashraf Agaba, the intention to please his lover was good, but the method he chose, was illegal and has earned him two years behind bars.

In his confession before the General Court Martial (GCM), Agaba, said he borrowed an army uniform to surprise his girlfriend on a date.

He further told the court, presided over by Brig. Gen Robert Freeman Mugabe, that his girlfriend was an admirer of the men in uniform (soldiers), prompting him to hire one to surprise her.

Agaba, 36, is a resident of Kazo village, Kazo parish, Nabweru Sub-County, Nansana municipality in Wakiso district.

“I was unable to have this woman whom I had yearned for long as security operatives arrested me the day before our planned dinner. More importantly, I didn’t use the uniform to commit any crime,” Agaba said as he requested forgiveness from the court martial.

Asked by Gen Mugabe to tell his court who gave him the uniform, Agaba said: “My long-time friend, Arthur Niwagaba, a Uganda People's Defence Forces (UPDF) officer based in Mbuya [barracks in Kampala] gave me the uniform and I was to return it after the date.”

Saying all this, little did Agaba know that possessing military stores without authority is a criminal offence contravening Sections 160 (1) (2) (C) of the UPDF Act, 2005 and entices a 10-year jail sentence, upon conviction.

Upon Agaba’s pleas, his lawyer, Elizabeth Nyasingwa, invited the court to sentence his client to a caution, insisting he did not use the UPDF uniform to commit a crime but only wanted to please his girlfriend.

“My Lord chairperson, the convict has readily pleaded guilty and didn’t waste court’s time plus state resources. We pray that a non-custodial sentence more so a sentence,” Nyasingwa said.

Sentence of court

However, Gen. Mugabe on Tuesday (October 11, 2022) sentenced Agaba to two years in prison, saying cases of civilians wearing army uniforms were rampant and that some end up staging illegal roadblocks and stealing from the public.

“Civilians wearing UPDF uniform and later committing crimes in them tarnishes the image of the Force. I, therefore, sentence you Agaba to two years in prison. You have a right to appeal my sentence within 14 days,” ruled Mugabe.

UPDF officer wanted

Prior to sentencing, GCM judge advocate Col. Richard Tukacungurwa ordered UPDF director of prosecution Lt. Col. Raphael Mugisha and registrar Lt. Col. John Binzimana to bring the said officer to book on how he came to give a civilian an army uniform.

“We cannot punish the convict and leave the source of the problem,” Tukacungurwa said.

The charge

Prosecution said that on or around November 8, 2021, while at Twins Club, Lugoba village in Nabweru, Nansana Municipality in Wakiso, Agawa was found in unlawful possession of one pair of UPDF digital camouflage uniform and one pair of Captain pips, the said uniforms being ordinarily the monopoly of the Defence Forces.