NUP members charged over unlawful military drills denied bail

KAMPALA - Ten members of the National Unity Platform (NUP) charged with conducting unlawful military drills were Friday (October 3) denied bail by the Chief Magistrates Court at Kawempe, Kampala. 

Among the accused is Alex Waisswa Mufumbiro, the party's deputy spokesperson. 

The others are Edward Sebuufu aka Eddie Mutwe, Calvin Tasi aka Bobi Giant, Edwin Sserunkuuma aka Eddie King Kabenja, Sharif Lukenge, Yasin Nyanzi, Tonny Kaweesi, Achileo Kivumbi and Saudah Madaada.

Dismissing their bail application, Grade One Magistrate Damalie Agumaasiimwe said they are likely to interfere with the key witnesses.

“This court having found no merits in the application for all the ten accused persons, bail is hereby denied to all of you,” she ruled.

Agumaasiimwe said releasing the group on bail before completion of the investigations will undermine the public confidence in the judicial system.

“Accordingly, this court finds that public interest overwhelmingly outweighs the applicants' liberty at this stage. To safeguard the integrity of this trial, protect witnesses and preserve public order, I find no merit in this application."

Justifying her ruling, Agumaasiimwe said the prosecution led by Sharon Nambuya has demonstrated a real risk of interference with key witnesses, many of whom are closely connected to the accused in their political structures and realm.

“Accused number eight (Mufumbiro) is the NUP deputy spokesperson, and he has a position of influence, and he is more likely to influence the witnesses together with other accused persons,” the magistrate noted.

“I have considered the arguments of both the state and the defence. The issues raised rather present a unique situation where the charges preferred against the accused persons relate to operations alleged to have happened at NUP offices as per the charge sheet. The intended witnesses of the prosecution are likely some persons within the NUP structures and officials who have close association with some of the accused persons,” she added.

Citing the decision of the East African court in Attorney General versus Tumushabe of 2008 and the decision of the constitutional court in the case of Dr Kizza Besigye versus Attorney General of 2005, Agumaasiimwe noted that the liberty of an individual has to be balanced against the greater public interest of maintaining law, order and justice.

Concerning the sureties, the court also found some of them not substantial because they are leaders within NUP and hence likely to compromise the witnesses.

The group is charged with two offences: conducting unlawful military drills contrary to Section 45 of the Penal Code Act, and conspiracy to commit a felony contrary to Section 363 of the Penal Code Act. 

The charge against the group stems from a viral video that showed several NUP supporters clad in red-like military decorated attire on a parade at the party headquarters at Makerere-Kavule on February 12 this year.

This was when the party president, Robert Kyagulanyi Ssentamu, aka Bobi Wine, celebrated his 42nd birthday. Kyagulanyi was accompanied by his wife, Barbie Itungo, on the said inspection parade. 

After the video went viral, the army warned NUP supporters against engaging in military-like activities, saying whoever participated in the same would be prosecuted.
 
The said video showed a group of men in red attire with a military-like red beret engaged in the drills, which the prosecution argued was unlawful because of lack of permission from the line minister.

The viral video showed Fred Nyanzi Ssentamu, a brother of Kyagulanyi, commanding at the parade.

Nyanzi was arrested and interrogated over the matter. Following his release, he disclosed that he had mentioned the names of some of the people who participated in the parade, which the prosecution argues was unlawful.

The charges and the law

The prosecution alleges that the group and others still at large on February 12 this year at NUP offices in Makerere-Kavule, Kawempe Division attended a gathering or an assembly that was aimed at training or drilling participants in military exercises, movements and evolutions contrary to section 45 of the Penal Code Act.

Section 45 of the Penal Code Act provides that any person who, without the permission of the minister, trains or drills any other person to the use of arms or the practice of military exercises, movements or evolutions commits the offence and on conviction he or she is liable to imprisonment for seven years.

Similarly, a person who is present at any meeting or assembly of persons held without the permission of the minister for the purpose of training or drilling any other persons to the use of arms or the practice of military exercises, movements or evolutions also commits the offence, except that on conviction such a person is liable to imprisonment for a term not exceeding five years.