Army warns against indiscipline during court-martial

Apr 16, 2024

"The sanctity of the court must be respected at all times,” Kulayigye said.

Felix Kulayigye, army spokesperson speaking to the media. (File Photo)

Michael Odeng
Journalist @New Vision

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The army has warned NUP-affiliated legislators against repeating what it calls contemptuous acts witnessed during a court-martial on Monday, April 15, 2024.

The acts arose after the General Court Martial (GCM) declined to grant some suspects bail.

According to army spokesperson Felix Kulayigye, on Monday, April 15, 2024, while GCM was in session at Makindye, some members of the audience including Members of Parliament and the accused persons in the dock displayed the most contemptuous acts of hooliganism against the court-martial members.

The chaotic scenes occurred after GCM was presided over by Brig. Gen. Robert Freeman Mugabe declined to grant the accused persons bail on grounds that the offences they are facing are serious.

“The Uganda Peoples’ Defence Forces (UPDF) condemns in the strongest terms possible such acts of hooliganism and will not hesitate to request court martial authorities to take legal action against those involved. The sanctity of the court must be respected at all times,” Kulayigye said.

He said the GCM remains committed to dispensing justice to its service men and women, and all those subject to military law.

The bail bid for the suspects was rejected yesterday by the General Court Martial because the most logical thing to do is to expedite their trial and conclude the matter once and for all. So far, six witnesses have testified in the matter.

“In the premises, this court finds no merit in the application and declines to grant bail to the applicants. The application is hereby dismissed,” Mugabe ruled.

Mugabe, however, ordered an expeditious trial of the applicants, said to belong to a rebel group called Bali Bali. The applicants have spent close to three years on remand at Luzira, Kitalya, and Kigo prisons.

Mugabe also ruled that the applicants did not prove that they have fixed places of abode in the court’s jurisdiction and, therefore, they are likely to abscond court once granted bail.

The applicants are Rashid Sseguja alias chairman, Muhydin Kakooza, Yasin Ssekitoleko alias Machete, Mesach Kiwanuka, Abudallah Kintu, Umar Emma Kato, Musa Kavuma, Ibrahim Wandera, Albert Nagwere, Steven Musakulu, and Jimmy Galukande.

Others are; hawker Olivia Lutaya, Davis Mafabi, Abdallah Gibusiwa, Livingstone Katushabe, Swaibu Katabi, Siraji Mudebo, Joseph Muganza, and Stanley Lwanga.

The applicants are battling charges of treachery, contrary to section 129 of the Uganda Peoples’ Defence Forces (UPDF) Act, 2005, and unlawful possession of ammunition, contrary to section 3 (1) and (2) (a) of the Firearms Act Cap 299.

The offence of treachery attracts a maximum sentence of death on conviction, while unlawful possession of ammunition elicits a 10-year jail term.

Allegations

The prosecution alleges that between March and May 2021, in diverse areas of Kampala Metropolitan (Kireka, Nakulabye, Kawempe, Nateete, Nakasero), Jinja, and Mbale Cities, respectively, under a force called Bali Bali group, the accused engaged themselves in war or war-like activities against the Government of Uganda.

According to the prosecution, the accused persons purportedly recruited, trained, and unlawfully detonated 13 pieces of explosive devices (bombs), ordinarily the monopoly of the defence forces onto motor vehicles and other infrastructure in the aforementioned areas for purposes prejudicial to national security.

It is further alleged that between November 2020 and May 12, 2021, in diverse areas of Jinja, Mbale, Kireka, Nakurabye, Kawempe, Nateete, and Kampala Central, the accused had explosive devices, which are ammunition ordinarily the monopoly of defence forces. The hearing of the case resumes on May 6.  

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