Ssegirinya sent to jail

By Sania Babirye

Kawempe North Member of Parliament elect Muhammad Ssegirinya has further been remanded to Kitalya government prison until the 15th of April after Buganda road court declined to hear his bail application as requested by his lawyers citing not being ready to proceed with the case trial.

Grade one Magistrate Gladys Kamasanyu ruled that Ssegirinya’s lawyers led by Shamim Malende had not prepared for the case hearing yet she had adjourned the case to today for both hearing and bail application since state had clearly stated that police investigations had been completed and had three witnesses ready to testify in court.

Kamasanyu accused Segirinya’s lawyers of doing un-injustice to their client by failing to do their due diligence as lawyers by getting ready to defend their client who has been on remand for two weeks.

Malende told court that they were not ready to proceed with the case hearing today since state had not served them with the statements for the three prosecution witnesses and that all efforts to access the said statements had been futile.

However, state refuted the said allegations informing court that none of Ssegirinya’s lawyers ever approached the office of the DPP for the said statement including today morning when they knew that the case was coming up for hearing.

Meanwhile, Ssegirinya who followed the said proceedings via video conferencing from Kitalya begged the magistrate to grant him bail since he is sick and in need of immediate medical attention.

Ssegirinya explained that he was allegedly brutally arrested and tortured by both police and military and needs to see a doctor because the environment in Kitalya is not conducive to his health.

However, the magistrate explained to him that she has neither heard or denied him bail, but his lawyers have failed him by failing to get ready to defend him and promised to take his health consideration until the 15th of this months.

Segirinya was remanded to Kitalya government prison on the 23rd of March after pleading not guilty to the offence of inciting violence.

Prosecution states Muhammad Segirinya and others still at large on the 25th day of March at Mini price in the Kampala district did an act calculated to incite violence against other persons by holding placards demanding for their presidential victory ,Free Mubiru James, Nubian Lee,Eddy Mutwe by reasons of their political opinions.

He was arrested allegedly demanding for the alleged presidential victory of his party president Robert Kyagulanyi and the unconditional release of all NUP party members and supporters who were arrested on the 30th of December 2020 during the Presidential campaigns and are currently held up in different Prisons.

More elected NUP legislators dragged to court

By Sania Babirye

Troubles for the newly elected National Unity platform party legislators continue with more being sued for lack of academic qualifications.

Three more MPs including David Serunkuma for Makindye Sabagabo, party spokes person Joel Ssenyonyi for Nakawa West and Lubaga South NP elect Aloyzious Matavu have been taken to the high court by the losers seeking court to nullify their victories.

These are being accused among other allegations of not having the request academic qualifications and further working with the Electoral commission to commit electoral malpractices.

These have been dragged to court by among others Sempala Kigozi, Nasalo and Mukesh Shakira who were all defeated in the concluded general elections.

These join among other members who have been dragged to court including Muhammad Segirinya the MP for Kawempe South whose fellow Party member Sulaiman Kidandala sued in the high Court challenging his victory on lack of academic transcripts.

However, Segirinya says that he used Ssegirinya Richard on his Primary and O level pass slips and later changed it to Ssegirinya Muhammad on his A level certificate after converting to Islam.

Minister Judith Nabakooba is also challenging the victory of NUPs Joyce Bahamas for the Mitiyana woman MP seat, while the victory of

NUP MP elect for Busiro North charged with theft

By Sania Babirye

Buganda road court has set the 29th of this month to start hearing a case in which the newly elected National Unity Platform Party member for Busiro North constituency Paul Nsubuga is charged with stealing an Itel mobile phone worth UGX 80,000.

This is after the 29 year old appeared before Buganda Road court grade one magistrate Doreen Karungi on Tuesday and denied the said allegations.

Court also released him on a cash bail of UGX 400,000 and each of his three sureties including his 72 year old grandfather Charles Kasozi ,Mayor Kakiri Town council Muhammad Kisekka and his maternal anti Santrina Namuli ordered to execute a non cash bond of one million shillings.

Prosecution also informed court that investigations into the matter are complete.

It is alleged that Nsubuga a resident of Nansana in Wakiso district, on 3rd June 2020 at Nakasero opposite Shoprite stole Itel phone valued at UGX80,000 the property of Nicholas Karuhanga.

Court also heard that on the same date June 3rd 2020 at Nakasero opposite Shoprite, Nsubuga also stole 4.5 million shillings from Nicholas Karuhanga.

Segirinya case file recalled by DPP

By Sania Babirye

The Jinja magistrate court has informed National Unity Platform party supporter and Kawempe MP elect Ssegirinya Muhammad that his case file has been recalled by the Director of Public prosecutions for an amendment including slapping more charges on him.

Segirinya had reported before the Court for further mention of his case on charges of inciting to violence after he was arrested outside Nalufenya police station protesting and demanding for the release of Kyagulanyi on the 18th of November 2020.

He was released on a non cash bail after spending almost three days in Kirinya government prison after being remanded on the 20th of September 2020 without the presence or knowledge of his lawyers, the same day his party president Robert Kyagulanyi was granted bail by the Iganga magistrate court.

Prosecution states that on the 18th of November 2020 along the Kamuli Jinja in the Jinja district,without lawful excuse made statements on his Facebook page Indicating or implying that it could be incumbent or desirable to do any acts calculated to bring death or any class of community of person.

However, Segirinya describes such charges as baseless saying they are meant to intimidate them from their struggle from liberating Ugandans from the current dictatorship.

Bombo military court grants 5 NUP supporters bail

By Sania Babirye

Bombo Military court has granted bail to five National Unity Platform supporters out of the fifteen who have been in detention for over two months without being charged.

These include Mulindwa Christopher, Lutakome Andrew, Kajuna Amos, Kibalama Tony and Nsimbe Francis.

These were released on a five million cash bail while court will hear the bail applications of the remaining ten on Wednesday.

Their lawyer who is also the newly elected Kampala Woman MP Shamim Malende says that she will continue providing free legal aid to their members who are incarcerated in different Prisons stating that some of these supporters were arrested during the concluded general elections and some have never been arraigned before Court.

NUP application withdraw gazetted

By Sania Babirye

The application seeking leave to withdraw the Presidential election petition filed by National Unity Platform Party president Robert Kyagulanyi has finally been gazetted in the Uganda National gazette.

On the 24th of February, Kyagulanyi’s lawyers led by Medard Ssegona officially filed before the supreme Court the said application, however, the chief justice and also a member on the nine panel bench presiding over the said petition explained that the law requires among other requirements that the said application before its heard has to be first gazette.

He then informed all parties that one the gazette is out, then he will notify them on the day for the said application to be heard.
He also ordered all parties including the respondents to file their affidavits by Saturday emphasizing that the process is meant to see that all the necessary legal process of withdrawing an election petition as it is in hearing an election petition is followed.

These in reply did not object to Kyagulanyi’s withdraw application but asked court if it grants the said application to order Kyagulanyi to pay them costs.

Kyagulanyi announced that he had decided to withdraw his election petition because the supreme Court was biased and not independent.

Kyagulanyi cites incidences like denying him to amend his petition and bring in fresh evidence, kidnapping, torturing and arresting his witnesses among other alleged injustices.

Kyagulanyi further faults three justices on the panel including the Chief Justice of bias due to his close relationship with president Museveni including being a lawyer to President Museveni in the 2016 presidential Petition by the then Forum For Democratic change presidential candidate Rtd.col.Kizza Besigye.

On the 23rd of February, Justice Alifonse Owiny Dollo declined to recuse himself from hearing and determine the said election petition after city lawyer Male Mabirizi accused him of being biased on the same reasons and having met president Museveni at state house in Entebbe in an alleged secret meeting which he called unethical.

Mabirizi has since then petitioned the East African Court of Justices seeking for the nullification of the said decision.

Dollo Decline To Recuse Himself

By Sania Babirye

The chief Justice Alifonse Owiny Dollo has declined to recuse himself from being part of the nine Justice panel set to hear NUP president Robert Kyagulanyi’s election petition which Kyagulanyi has since then, unofficially withdrawn accusing three judges on the panel led by the chief justice of biasness.

Despite Kyagulanyi’s announcement yesterday, the law permits any citizen who might be interested to take up the matter and have it heard by the Supreme Court.

Today, Mabirizi asked the chief Justice Alifonse Owiny Dollo to recuse himself from hearing the election petition on grounds that even if Justice Dollo thinks that he can not be influenced by president Museveni as his former lawyer in determining the said petition, he should rather do it for the public perception that is already tinted with negative criticism over his relationship with president Museveni who is the main respondent in the said petition.

Mabirizi further told the Supreme court presided over by a panel of nine Justices led by Alifonse Owiny Dollo that, the chief justice should recuse himself from the said case for the process of fair hearing to take place so that there is no cloud on the process of determining the said petition.

He added that public perception is key to a fair hearing in the eyes of the public which justice Dollo has to respect as a judicial officer by recusing himself even without any valid ground.

However, his application was dismissed and justice Dollo ruled that he will give his reasons in the full judgement on the 18th of next month.
Meanwhile, the Supreme court has still not received any written application from Kyagulanyi’s legal team to officially withdraw their election petition despite Kyagulanyi announcing his withdraw of the case citing lack of independence and biasness from some of the nine Justices led by the Chief Justice.

Mabirizi wanted Justice Dollo to recuse himself from participating in the hearing and determining the said election on conflict of interest.

Some of the grounds that Mabirizi alleges include that the chief justice is a former lawyer of president Museveni having represented him in 2006 during the Presidential Petition filed by Dr. Kizza Besigye .

Mabirizi further alleges that Justice Dollo met President Museveni in private on the 7th of this month in tendency of the said petition which he says is not fair in the interest of serving justice although the NRM head of legal services Oscar Kihika has since responded the said allegations claiming that the said meeting was not about the pending election petition.

According to Mabirizi, the Supreme court has jurisdiction, powers and duty to make orders necessary to achieve the end of justice or to prevent the abuse of process of court even by justices of the court and set aside judgement proved to be null and void after they been passed to prevent the abuse of court processes.

Mabirizi also wanted the court to stay the supreme court ruling presided over by Justice Dollo that refused Kyagulanyi to amend his petition and bring fresh evidence saying the said rulling is null and void.

In the said election petition, National Unity platform party president Robert Kyagulanyi is suing president Museveni, the Electoral Commission and the attorney general.

He wants the last court to nullify President Museveni’s 14th January 2021_victory on grounds that the said elections were not free and fair after not being conducted in accordance with the principles laid down in the laws governing elections including the constitution and the Presidential elections act among others.

Other justices on the panel include Justice Dr Esther Kisaakye Kitimbo, Stella Arach-Amoko, Rubby Aweri Opio, Faith Essy Mwondha, Paul Kahaibale Mugamba, Ezekiel Muhanguzi, Percy Night Tuhaise, and Mike Chibita

Eddie Mutwe, Nubian Li and Dan Magic denied bail

By Sania Babirye

36 National Unity Platform Members out of the 49 arrested in December in Kalangala and charged with illegal possession of one fire magazine and four bullets have been denied bail by the General court Martial sitting in Makindye.

These including Bobiwine’s body guard Eddie Sebuwufu commonly known as Eddie Mutwe, singing partner Nubian Li, and producer Dan Magic have further been remanded to Kitalya and kigo government prisons until the Monday the 15th of this month for further reconsideration.

Court chaired by Lt Gen Andrew Gutti granted bail to only 13 including Chuma Kayesu after prosecution informed court that they have instructions to not object to their bail applications.

However Major Emma Karuhanga however informed court that they have instructions to oppose the rest of the bail applications including that of Nubian li and Eddie Mutwe.

Prosecution states that the accused persons and others still at large on January 3rd 2021 while at Makerere Kavule, Kigundu Zone, Kawempe Division were found in possession of four rounds of ammunition of an AK 47 gun, which. is the monopoly of the defense forces.

These are seeking to be granted on bail on grounds that bail was their constitutional rights, they have been tortured and had to fend for their families since they are the sole providers.

On the 8th of January, They were charged with illegal possession of live ammunition( one magazine) in a court session in which their lawyers led by Medard Ssegona were no allowed to attend court.

Ssegona later told the press that their clients are just prisoners of conscience and that as a party they will continue seeking for justice for their clients since they are innocent.

He further revealed more about the said charge in which state claims that a search was conducted at one of the suspects residence and failed to get anything but after failling to get anything, the security operatives ordered one of the suspects to search in one of the dustbin and when one of the suspect to check the dustbin the security operatives had pointed out to him, they found the said alleged magazine

The said members had been granted bail by the Masaka magistrate court but the army court later issued a production warrant for them yesterday leading to their arraignment today

Eddie Mutwe, Nubian Li and others further remanded

By Sania Babirye

The army court has further remanded to Kitalya government prison the 49 National unity platform party members including Bobiwine’s singing partner Nubian Li,Eddie Mutwe, Kafuko Stanley and Lookman Kampala.

These today appeared in front of a seven member team led by Lt.Gen.Andrew Gutti for their bail application hearing but it was instead pushed to the 8th of February 2021.

On the 8th of January, these were charged with illegal possession of live ammunition( four magazine) in a court session in which their lawyers led by Medard Ssegona were no allowed to attend court.

He says that these are just prisoners of conscience and that as a party they will continue seeking for justice for their clients since they are innocent.

He further revealed more about the said charge in which state claims that a search was conducted at one of the suspects residence and failed to get anything after which security operatives ordered one of the suspects to search in one of the dustbins.When one of the suspects checked the dustbin the security operatives had pointed out to him, they found the said alleged magazine.

The said members had been granted bail by the Masaka magistrate court but the army court later issued a production warrant for them on Sunday leading to their arraignment today.

Wife to missing NUP party member seeks court intervention

By Sania Babirye

Wife to missing National Unity Platform party member Shamim Kyomuhendo has petitioned the High Court in Kampala seeking orders compelling the Attorney General, the Director of General of Internal Security Organization, Inspector General of Police , the Chief of Defense Forces and the Chief of Chieftaincy of Military Intelligence to produce his body dead or alive.

In her application filed today, Kyomuhendo, a resident of Ddungu Zone in Wakiso district claims that her husband David Bwanika Lule commonly known as Selecta Davie Ug, a businessman dealing in music industry was kidnapped and arrested on 12th January 2021 by unknown men at Magere at around midnight.

Selecta Davie was allegedly dragged from his house, beaten seriously before being taken to an unknown place.

Through her lawyers of PACE Advocates, Kyomuhendo says they have searched for Lule in vain.

According to the lawyers Lule has never been charged before any Courts of law since his arrest which violates his right to fair hearing.

She now wants Court to issue an order against the respondents forcing them to immediately produce Lule in Court and also pay costs of the suit

High court judge Emmanuel Baguma will hear the said application.