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A 33-year-old bodaboda rider allegedly belonging to a rebel group Uganda Lords’ Salvation Army has been freed.

Nasif Mulindwa was on Tuesday (April 09, 2024) freed by the General Court Martial (GCM) at Makindye in Kampala after the Uganda People’s Defence Forces (UPDF) Director of Prosecutions withdrew all charges against him.

He (Mulindwa), according to the prosecutors, was being accused of holding meetings, recruiting and forming rebel group Uganda Lords’ Salvation Army that engaged in war or war-like activities, intending to overthrow the Government of Uganda.

However, when the case came up for mention, prosecutors Capt. Ambroz Guma, and Lt Alex Mukhwana told court that UPDF Director of Prosecutions Lt. Col. Raphael Mugisha had withdrawn all the charges against the Mulindwa.

“Take notice that the Government of the Republic of Uganda intends that the proceedings against the accused person; Mulindwa whose name appears in the charge sheet Criminal Case No. UPDF/GCM/050/2023 shall not continue,” Mukhwana told the GCM, based on a Nolle Prosequi (the dismissal or termination of legal proceedings by the Attorney General) dated April 9, 2024, and was signed by Col. Mugisha.

Without stating reasons for withdrawing the charges against the latter, Mugisha added: “This Nolle Prosequi is meant to protect the interests of the state in that, should further evidence be realised against the accused person in future, he stands to be re-arrested and charged based on the same facts".

This prompted GCM chairperson Brig. Gen. Robert Freeman Mugabe to withdraw all the charges against the suspect.

“Mulindwa, you are hereby set free, unless held on other lawful charges,” Gen. Mugabe said.

Mulindwa, a rider at Kamu Kamu Plaza on Entebbe Road in Kampala and resident of Makindye division in Kampala district has been battling three counts of treachery and unlawful possession of a firearm and ammunition.

Co-accused

However, Mulindwa’s co-accused, who include UPDF soldiers, deserters, Police and ex-officers, pastors, teachers, peasants, businessmen and marketers, are still battling the charges and some of them are in the process of applying for amnesty from the state, according to their lawyers Capt. Simon Nsubuga Busagwa, Elizabeth Nyasingwa and Brian Bwoogi.

They include UPDF soldiers Capt. Denish Oola Oyaa, Lt. Benjamin Edoru, WOII Sunday Oryek Jenaro, Sgt (deserter) Bernard Morris Leku alias Peter Anduadia, Cpl John Ojokuna Elatu, Cpl Ronald Keuber and Cpl David Olal.

Some of the Uganda People’s Defence Forces (UPDF) soldiers among other suspects accused of engaging in war or war-like activities, intending to overthrow the Government of Uganda in the dock, at the General Court Martial. (Credit: Douglas Mubiru)

Also battling the same charges is pastors Simon Oyoma and Judith Angwech, Daniel Owitti alias ODB, Fabio Ocen, Muhammed Ijosiga, Stanley Yiacia, Anthony Kamau Omach, Lamex Oguma aka pastor, and Police officer Wilson Ochen alias RDC, among others.

Charges

Prosecution alleges that between February 2022 and October 2023 within and outside Uganda in diverse places of Lira, Masaka, Arua, and Kampala cities, Bidi Bidi camp in Yumbe district, and Juba city in South Sudan, the accused held meetings, recruited and formed a rebel group called Uganda Lords’ Salvation Army and engaged in war or war-like activities intending to overthrow the Government of Uganda.

That on October 12, 2023, in Ojwina Quarters, Lira city west division in Lira city, the 35 accused were found in unlawful possession of an SMG S/No. Zastauakra – Gujevac – Yugoslavia without holding a valid firearms certificate, the said weapon ordinarily being a monopoly of the defence forces.

Prosecution further purports that on the same date and place in Lira city, the group were found in unlawful possession of a magazine containing 21 rounds of live ammunition, the said ammunition ordinarily being the monopoly of the defence forces.

The law

Under the law treachery contravenes Section 129 (a) of the UPDF Act, 2005, and elicits a maximum death sentence whereas unlawful possession of a firearm and ammunition contravenes Sections 3 (1) (2) (a) of the Firearms Act, Cap 299 and attracts a ten-year jail term, upon conviction.

The case was adjourned to April 24, 2024 for mention.