The supposed family members of 18 alleged missing supporters of Opposition National Unity Platform (NUP) have dragged the Government to court to account for their whereabouts.

In a suit filed against the Attorney General at the Civil Division of the High Court in Kampala on (Tuesday, January 30, 2024, the applicants, through PACE Advocates, allege that the 18 are being held incommunicado in unlawful custody constituting a violation of their fundamental rights.

The alleged missing persons

They argue that John Bosco Kibalama, John Damulira, Shafik Wangolo, Martin Lukwago, Michael Semuddu, Musisi Mbowa, Vincent Nalumoso, Denis Zimula, Muhammad Kanatta, George Kasumba, Moses Mbabazi, Yuda Sempijja, Alphat Mugumya, Peter Kirya, Mustapha Luwemba, Hassan Mubiru, Isma Ssessazi and Godfrey Kisembo were arrested by security agencies from different places and taken into unknown custody.

Abuse of human rights

Catherine Monica Nabukeera, Winfred Katana, Khadija Bazibu, Mary Namuyanda, Mathew Kafeero, Christine Nakimbugwe, Julius Kato, Prossy Nasuuna, Justine Nakato, Maria Christine Nakimbowa, Jessica Nabaggala and Cilivazo Walusimbi, the applicants in the matter are seeking a declaration that the alleged conduct of the Government is a flagrant dereliction of its human rights obligation to respect, uphold, protect and promote fundamental human rights and freedom as provided for under the Constitution.

In an affidavit, Nabukeera who describes herself as the wife to Kibalama contends that her husband was working as an accountant at the British American Tobacco (BAT Uganda) before his mysterious disappearance on June 3, 2019.

She claims that his vehicle registration number UAX 199E was later found abandoned on the Kampala-Gayaza Road near Ssekanyonyi Police post. The vehicle has since been released to her.

Following the incident, Nabukeera argues that she reported his disappearance at Kasangati Police Station under reference number SD02-04-06-2019 but she has never received any response to date.

She said after watching Prime Minister Robinah Nabbanja on a TV station commenting on the matter, she went to the Chieftaincy of Military Intelligence (CMI) but she was told to go to the Criminal Investigations Department at Kireka which never helped her.

She argues that the Government has a duty to account for her husband. Part of the evidence attached are newspaper articles, a Uganda Human Rights Commission (UHRC) report, Police references and some copies of the national identity cards for some of the alleged missing people.  

Under the law, the Attorney General has 15 days to make a reply to the application upon service of the summons to his chambers.

Futile search 

Last year, UHRC closed the files relating to the said people after NUP and their relatives failed to provide information regarding the said people.

UHRC chairperson Mariam Wangadya revealed that during their investigations, they were unable to trace them.

She said the commission had contacted various security agencies and visited detention facilities in search of the said persons but their efforts were unsuccessful.

She said the NUP did not provide the NIN numbers of the alleged missing persons to the commission making it hard for them to even confirm that the names provided have registered faces attached to them.

While acknowledging the critical nature of this issue, Wangadya revealed that the commission encountered challenges after contacting the known next of kin to the missing persons who were uncooperative with the investigators.

There are claims that some of the reported missing people have since left the country and NUP is using it as a political tool to discredit the Government ahead of the 2026 general elections.