Sebaggala, Ken Arrested

Politicians bailed after election violence charges By Edith Kimuli And Richard Mutumba THE Lubaga South Member of Parliament, John Ken Lukyamuzi, and Dr. Kizza Besigye's special campaigner, Al-Hajji Nasser Ntege Sebaggala, were yesterday charged with inciting violence. The two allegedly made utterances to public assemblies that could lead the masses to kill or injure foreigners who would turn up to vote for president on March 7. State Attorney Joan Kagezi informed court that Lukyamuzi committed the offence on February 4, 2001 at Gwafu Stella Zone in Kampala. Sebaggala is separately charged with two counts of inciting violence. He allegedly committed the offences on February 9, 2001 at Kasanja Zone, Mbiko in Mukono and at Namulesa Trading Centre in Jinja on the same day. The charge of inciting violence carries a two-year jail term. Sebaggala, a former presidential aspirant and ex-Kampala Mayor, was also charged with inciting people against paying graduated tax. The charge carries a three-year jail term. Sebaggala allegedly committed the offence at Kansanga P.S. in Kampala on February 7, 2001. The charges were preferred against the accused by Police prosecutor Moses Sakira and consented to by the Director of Public Prosecution, Richard Buteera. Each of the accused denied the charges before the Buganda Road Court Chief Magistrate, Mrs. Catherine Bamugemereire. Lukyamuzi was granted sh1m bail, while Sebaggala was granted sh1m bail for each of the two charges against him. Their sureties were bonded to sh5m not cash. The two accused were also ordered to deposit their passports to the court. The sureties are Ashe James Sekajja, a freelance journalist, and Ssewanyana Kalibbala for Lukyamuzi, while William Kamulegeya and Abdhallatif Sebaggala his brother, stood for Nasser Sebaggala. Lukyamuzi was picked up by the Police after addressing a press conference at Fairway Hotel. After the press conference, Police officer Victor Aisu requested Lukyamuzi to get into a Police van. The MP had wanted to drive his own car. He was driven to the CID headquarters at 1.40pm where he made a statement before being taken to court at 3.00pm His attorney Nsubuga Nsambu, also the MP for Makindye West, assisted him. Sebaggala was summoned to the CID headquarters from where he appeared in court at 4:50pm. Lukyamuzi was represented by Ddamulira Muguluma, while Sebaggala was represented by three lawyers led by Mr. Elias Lukwago. This is the fourth time Lukyamuzi is being arrested since 1996. In September 1996, he was arrested for leading protests against VAT. The following year, he was arrested for allegedly inciting vendors to riot and in May 1998, over the Land Bill. At the press conference, Lukyamuzi said, "I still stand by my words and will defend such in any court of law. Nobody should scare us. We have a right to respond when foreigners interfere in our electoral affairs." Lukyamuzi said he did not believe in violence. He, however, said Uganda's Constitution condones violence as a last resort where all other options have been exhausted. The MP said the legal basis for the statement he made included Article 2 of the 1951 UN Convention and Article 3 of the OAU which require refugees to abide by the laws and regulations governing public order in their respective countries of refuge. Lukyamuzi said under Uganda's Constitution, only citizens could participate in the electoral process. He said Chapter 4 of the Constitution categorises citizenship as descent; registration; birth and naturalisation. He said refugees don't lie in any of these categories. Ends