By Andrew Irumba
Kampala: Six aides of renegade Uganda People’s Defense Forces (UPDF) General David Sejusa, the former Coordinator of Intelligence Services, who were sentenced to 15 years in prison for treason in 2016, are finally free, after being acquitted of the charges by the court of appeal on Monday.
The six who are now free to enjoy life like other Ugandans include; Lance Corporal Grace Nasasira, Geoffrey Karugaba, Private Frank Ninsiima, Nayebare James Karuhanga, Nuwagaba Moses Kakarugahi and Abel Twinamatsiko. They were released by a panel of three Court of Appeal Judges who included Alfonse Owiny Dollo, Elizabeth Musoke and Cheborion Barishaki, who trashed the Court Martial ruling that had convicted them. The decision to free the six was made by the said judges led by Justice Dollo, who said the reasons for the decision would be given at a later date in a detailed judgment.
In 2016, the General Court Martial led by Lt.Gen. Andrew Gutti found the six convicts guilty of plotting to overthrow the Government of Uganda. The offenses were allegedly committed in March 2013, in the districts of Kampala and Mityana. The six were accused of concealing vital information about the recruitment of people to engage in activities intended to overthrow the Government, allegations they vehemently denied. Court Martial also found that prosecution had proved beyond doubt that the soldiers, formerly attached to the Special Forces Command (SFC), had been procured by their co-accused persons to recruit fellow Presidential guards into subversive activities.
They were sentenced to 15 years in jail upon conviction, a sentence which was upheld by the Court Martial Appeal led by Professor Elly Turyamuboona in 2017. However, the Aides, through their lawyer Dr. David Mushabe, appealed the decisions made by the military courts in the Court of Appeal. They argued that the Army prosecution amended the charge-sheet against the then suspects when the submissions in the case were already complete.
Their lawyer submitted that there were inconsistencies throughout the testimonies of the prosecution witnesses on dates and time of holding the meetings that were reportedly aiming at overthrowing the Government. They also challenged failure by prosecution witnesses to bring phone printouts the convicts were reportedly using to communicate as alleged by the Prosecution. The convicts also challenged failure to adduce Shs200,000 as exhibits that they were reportedly found with.
However, in May, 2019, the Director of Public Prosecution (DPP), through a letter written by Isaiah Wanamama, the Senior State Attorney, directed that the sentence and conviction of Sejusa’s aides should be quashed. The Prosecution conceded with all the 13 grounds that were raised by the aides in their appeal, save for the ground of no case to answer. The State Attorney said that the court martial had erred in law and facts by convicting the aides when there was no quorum and prosecution evidence in form of exhibits. It however remains unclear whether they will be compensated for the suffering and damages they have incurred during the time they were jailed. All that notwithstanding, Sejusa, who has been quiet ever since he fell out with the UPDF Senior Command, is yet to issue a statement about this development.
