When Abdallah Nasur faced death
Jul 24, 2009
He was the dreaded Abdallah Nasur, whose name would send chills down people’s spines. The former Central Province Governor was a prominent figure during Idi Amin’s regime, and was best known for banning miniskirts and sandals in Kampala.
Over time, the Court has decided on a number of high profile cases. In a series, Saturday Vision looks back at some of the attention-grabbing cases that have visited the court room.
By Edward Anyoli
He was the dreaded Abdallah Nasur, whose name would send chills down people’s spines. The former Central Province Governor was a prominent figure during Idi Amin’s regime, and was best known for banning miniskirts and sandals in Kampala.
He was condemned to death for the murder of Francis Walugembe, the former mayor of Masaka
Walugembe, who was in the company of his two sons, was on his way to visit his brother-in-law, Leonard Ssekalegga, when he was arrested.
Men from two vehicles which had been trailing them to Ssekalega’s home, dragged Walugembe from the car, beat him and forced him into a vehicle that was driven by soldiers.
Later, Walugembe, who was accused of being a guerilla fighter, was paraded at various public places, before being detained at Kassajjagirwa military barracks, where he was executed.
Nasur was arrested in Kakamega, Kenya, where he had fled when Amin was overthrown in 1979 and brought back to be tried before Justice George Masika. He was sentenced to hang in October 1981.
Prosecution witnesses
Thomas Ntale, Walugembe’s son, testified that on that fateful day, he left home with his father and his elder brother Stanislus Luwaga in their father’s car, to visit Ssekalegga. Ntale was heading to Bukakata.
On the way, they noticed two vehicles trailing them and he recognised one of the drivers as Francis Lwegaba, who was accompanied by three men in army uniform.
Ntale said a little while after he was dropped off at Bukakata, he heard an alarm coming from the direction his father had taken. He ran towards the sound, Ntale added, and found his father being beaten by soldiers.
He testified that his father was taken to Kassajjagirwa Barracks in Masaka and Nasur Abdalla, whom he knew very well and who was dressed in army uniform and armed with a pistol and bayonet, ordered his father to say his last prayers.
He said as his father held his rosary, Nasur pulled his bayonet from a sheath and slit Walugembe’s throat and stabbed him twice in the abdomen. He then removed it to lick off the blood.
Leonard Ssekalegga also testified that as Walugembe visited him on September 21, 1972 two Peugeots were parked in his compound and he recognised the driver as Francis Lwegaba. He stated that two soldiers pulled Walugembe out of his car and put him in their boot before driving off. A third soldier pulled Stanislus Luwaga out his father’s car and also drove off.
Another prosecution witness, John Kagimbi, testified that at the time of the incident, he was a carpenter, employed by the Ministry of Defence at Masaka Military Barracks. He told court that on September 21, between 3:00pm and 4:00pm, he went with other people to the quarter guard where Walugembe was detained.
Shortly after, Nasur, whom he knew very well, ordered soldiers to hold Walugembe firmly to the ground and he slit walugembe’s throat as he pleaded for mercy.
Kagimbi testified that Walugembe was smartly dressed in a black suit, white shirt and black shoes.
Betty Najjuma, a Primary school teacher in the barracks, testified that she knew Nasur very well as a soldier at the barracks and also knew Walugembe, the mayor.
Najjuma said while at school on that day, she heard a commotion at the quarter guard. She said she saw Nasur instruct soldiers to hold Walugembe firmly as he cut him with a knife.
Another key prosecution witness was Imelda Nansamba, the widow, whose evidence corroborated with that of her son, Ntale. She also described what her husband was wearing on the fateful day, which corroborated what her son had said.
Ignansio Ssenyonga, who was in charge of the Municipal Council Cemetery in Masaka, testified that on September 22, 1972 he went to the mortuary at about 10:00am in search of bodies to bury. He told court that he found and recognised Francis Walugembe’s body, which had wounds on the neck, the upper abdomen and that his genitals were cut and stuffed into his mouth. The fourth wound was at the back of the head.
Prosecution
McDusman Kabega said the evidence given by Thomas Ntale alone was sufficient to convict Nasur.
Defence
Nasur testified that he never wore uniform in Masaka as the first prosecution witness stated and called upon court to dismiss Ntale’s testimony that he saw him in army uniform at Masaka Barracks.
He added that Kagimbi was not a reliable witness because at the time of the incident, he had been dismissed from his job as a carpenter over theft. Nasur further testified that Kagimbi could not have recognised him because he had an eye problem and could not see well. He noted that Kagimbi testified against him because he had a grudge against him.
Another defence witness, Cecilia Nakanwagi, testified that Walugembe was killed by a “small, red-eyed man†and not Nasur. She said the day Walugembe was arrested she followed the cars to Kassajjagirwa Barracks, where she saw “the red-eyed man†stab and cut Walugembe with a sword.
Defence lawyer Protazio Ayigihugu argued that Ntale was not present at the scene and that he did not know Nasur at all.
He argued that since Ntale was afraid of being recognised as Walugembe’s son, he could not have gone to the scene of the murder, adding that if he did go, he arrived late and could not have witnessed his father’s murder.
Ayigihugu concluded that the three key witnesses, Thomas Ntale, John Kagimbi and Imelda Nansamba did not say exactly where the murder took place.
The ruling
Justice George Masika said: “The three prosecution witnesses, Thomas Ntale, John Kagimbi and Benedicto Mukinda, each independently felt that the deceased died on spot at the quarter guard.
I am satisfied beyond any reasonable doubt that the deceased died as a result of violent assault inflicted on him at the quarter guard, namely the two wounds in the neck and in the abdomen. The mischievous cutting off of the genitals and the head injury was the postmortem report. It is my opinion that the death would have resulted from those two stabbed wounds.â€
He added: “I carefully watched Thomas Ntale in the witness box and I was most impressed by his cool, calm and straight forward manner of giving evidence. He withstood a long and vigorous cross-examination. I accept that this witness was honest, reliable and truthful. I accept his testimony that he knew the accused very well, that he hired a taxi to the quarter guard and watched and clearly saw the events at the quarter guard and properly identified Nasur as he brutally stabbed the deceased to death in the neck and abdomen.â€
“I have considered whether any defence is available to accused. The defence submission that the killing of the deceased might be justifiable on facts, is at best laughable and at the worst mocking sceptre, reminiscent of a murderous regime. I find no other defence available to the accused: certainly none that would even authorise public execution of any convict, let alone an untried person.
“In agreement with unanimous opinions of the assessors, I am satisfied beyond reasonable doubt that the prosecution has proved their case against the accused and accordingly, I convict him as charged.â€
Nasur unsuccessful appealed against his death sentence and his appeal was thrown out by the Supreme Court. He got a Presidential pardon and was released from prison on September10, 2001.
By Edward Anyoli
He was the dreaded Abdallah Nasur, whose name would send chills down people’s spines. The former Central Province Governor was a prominent figure during Idi Amin’s regime, and was best known for banning miniskirts and sandals in Kampala.
He was condemned to death for the murder of Francis Walugembe, the former mayor of Masaka
Walugembe, who was in the company of his two sons, was on his way to visit his brother-in-law, Leonard Ssekalegga, when he was arrested.
Men from two vehicles which had been trailing them to Ssekalega’s home, dragged Walugembe from the car, beat him and forced him into a vehicle that was driven by soldiers.
Later, Walugembe, who was accused of being a guerilla fighter, was paraded at various public places, before being detained at Kassajjagirwa military barracks, where he was executed.
Nasur was arrested in Kakamega, Kenya, where he had fled when Amin was overthrown in 1979 and brought back to be tried before Justice George Masika. He was sentenced to hang in October 1981.
Prosecution witnesses
Thomas Ntale, Walugembe’s son, testified that on that fateful day, he left home with his father and his elder brother Stanislus Luwaga in their father’s car, to visit Ssekalegga. Ntale was heading to Bukakata.
On the way, they noticed two vehicles trailing them and he recognised one of the drivers as Francis Lwegaba, who was accompanied by three men in army uniform.
Ntale said a little while after he was dropped off at Bukakata, he heard an alarm coming from the direction his father had taken. He ran towards the sound, Ntale added, and found his father being beaten by soldiers.
He testified that his father was taken to Kassajjagirwa Barracks in Masaka and Nasur Abdalla, whom he knew very well and who was dressed in army uniform and armed with a pistol and bayonet, ordered his father to say his last prayers.
He said as his father held his rosary, Nasur pulled his bayonet from a sheath and slit Walugembe’s throat and stabbed him twice in the abdomen. He then removed it to lick off the blood.
Leonard Ssekalegga also testified that as Walugembe visited him on September 21, 1972 two Peugeots were parked in his compound and he recognised the driver as Francis Lwegaba. He stated that two soldiers pulled Walugembe out of his car and put him in their boot before driving off. A third soldier pulled Stanislus Luwaga out his father’s car and also drove off.
Another prosecution witness, John Kagimbi, testified that at the time of the incident, he was a carpenter, employed by the Ministry of Defence at Masaka Military Barracks. He told court that on September 21, between 3:00pm and 4:00pm, he went with other people to the quarter guard where Walugembe was detained.
Shortly after, Nasur, whom he knew very well, ordered soldiers to hold Walugembe firmly to the ground and he slit walugembe’s throat as he pleaded for mercy.
Kagimbi testified that Walugembe was smartly dressed in a black suit, white shirt and black shoes.
Betty Najjuma, a Primary school teacher in the barracks, testified that she knew Nasur very well as a soldier at the barracks and also knew Walugembe, the mayor.
Najjuma said while at school on that day, she heard a commotion at the quarter guard. She said she saw Nasur instruct soldiers to hold Walugembe firmly as he cut him with a knife.
Another key prosecution witness was Imelda Nansamba, the widow, whose evidence corroborated with that of her son, Ntale. She also described what her husband was wearing on the fateful day, which corroborated what her son had said.
Ignansio Ssenyonga, who was in charge of the Municipal Council Cemetery in Masaka, testified that on September 22, 1972 he went to the mortuary at about 10:00am in search of bodies to bury. He told court that he found and recognised Francis Walugembe’s body, which had wounds on the neck, the upper abdomen and that his genitals were cut and stuffed into his mouth. The fourth wound was at the back of the head.
Prosecution
McDusman Kabega said the evidence given by Thomas Ntale alone was sufficient to convict Nasur.
Defence
Nasur testified that he never wore uniform in Masaka as the first prosecution witness stated and called upon court to dismiss Ntale’s testimony that he saw him in army uniform at Masaka Barracks.
He added that Kagimbi was not a reliable witness because at the time of the incident, he had been dismissed from his job as a carpenter over theft. Nasur further testified that Kagimbi could not have recognised him because he had an eye problem and could not see well. He noted that Kagimbi testified against him because he had a grudge against him.
Another defence witness, Cecilia Nakanwagi, testified that Walugembe was killed by a “small, red-eyed man†and not Nasur. She said the day Walugembe was arrested she followed the cars to Kassajjagirwa Barracks, where she saw “the red-eyed man†stab and cut Walugembe with a sword.
Defence lawyer Protazio Ayigihugu argued that Ntale was not present at the scene and that he did not know Nasur at all.
He argued that since Ntale was afraid of being recognised as Walugembe’s son, he could not have gone to the scene of the murder, adding that if he did go, he arrived late and could not have witnessed his father’s murder.
Ayigihugu concluded that the three key witnesses, Thomas Ntale, John Kagimbi and Imelda Nansamba did not say exactly where the murder took place.
The ruling
Justice George Masika said: “The three prosecution witnesses, Thomas Ntale, John Kagimbi and Benedicto Mukinda, each independently felt that the deceased died on spot at the quarter guard.
I am satisfied beyond any reasonable doubt that the deceased died as a result of violent assault inflicted on him at the quarter guard, namely the two wounds in the neck and in the abdomen. The mischievous cutting off of the genitals and the head injury was the postmortem report. It is my opinion that the death would have resulted from those two stabbed wounds.â€
He added: “I carefully watched Thomas Ntale in the witness box and I was most impressed by his cool, calm and straight forward manner of giving evidence. He withstood a long and vigorous cross-examination. I accept that this witness was honest, reliable and truthful. I accept his testimony that he knew the accused very well, that he hired a taxi to the quarter guard and watched and clearly saw the events at the quarter guard and properly identified Nasur as he brutally stabbed the deceased to death in the neck and abdomen.â€
“I have considered whether any defence is available to accused. The defence submission that the killing of the deceased might be justifiable on facts, is at best laughable and at the worst mocking sceptre, reminiscent of a murderous regime. I find no other defence available to the accused: certainly none that would even authorise public execution of any convict, let alone an untried person.
“In agreement with unanimous opinions of the assessors, I am satisfied beyond reasonable doubt that the prosecution has proved their case against the accused and accordingly, I convict him as charged.â€
Nasur unsuccessful appealed against his death sentence and his appeal was thrown out by the Supreme Court. He got a Presidential pardon and was released from prison on September10, 2001.