State Attorney Martin Mwangusha who was relying on the affidavit of the Director Operations Uganda Police Force, Edward Ochom and Brigadier Dr Godard Busingye the Chief of Legal Services in UPDF opposed the case and asked court to dismiss it.
The Attorney General has told High Court in Kampala that the
reason why former Presidential candidate Robert Kyagulanyi Ssentamu is under
siege is because he undertook to make Uganda Ungovernable like Libya, Iraq and
Sudan.
This was revealed by the State Attorney Martin Mwangusha before
the outgoing head of Civil Division of High Court Justice Michael Elubu.
Mwangusha was trying to defend the actions of government, by deploying security
personnel at Kyagulanyi's home who have since deprived him of his right to
personal liberty.
Three days ago, the government, Chief of Defense Forces and
Inspector General of Police were sued by Kyagulanyi’s lawyers who demanded for
his unconditional release.
The lawyers led by Anthony Wameli said that since last
week on the polling day of presidential and parliamentary candidates,
Kyagulanyi and his wife Barbara Itungu have not been allowed to get outside
their home which infringes on their right to liberty.
Kyagulanyi came second in the race of eleven
candidates after being defeated by president Yoweri Museveni.
But Mwangusha who was relying on the affidavit of the Director
Operations Uganda Police Force, Edward Ochom and Brigadier Dr Godard Busingye
the Chief of Legal Services in UPDF opposed the case and asked court to dismiss
it.
AIGP Ochom first narrates the chronology of the past alleged bad
conduct of Kyagulanyi during his presidential campaigns up to when the police
decided to keep him inside his home for the safety of property and people’s lives.
Ochom states that Kyagulanyi was stopped from doing rallies that
have more than 400 people but because of him being defiant, he went ahead and
had rallies that would even host 2000 people and various DPCs witnessed him
across the country.
He adds that after Kyagulanyi had been nominated for the concluded
elections, he said he would make Uganda Ungovernable like Libya, Iraq
and Sudan. The three countries do not have peace due to the ongoing civil wars.
The Director operations states further that Kyagulanyi’s party has been
training its members and supporters on sustainability of riots in the event
that he loses and election.
"I know that Dr Lina Zedriga the Vice Chairperson NUP for
Northern Uganda announced and declared that the party had a plan B being
sustaining of riots and plan C being insurrection and riots to capture State
House”, reads the affidavit in part.
To Ochom, since Kyagulanyi’s past experience had been characterized
by events that led to unnecessary loss of lives and destruction of property,
security had to restrict his movements with the aim of neutralizing security
threats that have been detected by the security organs.
Evidence by government also shows that Kyagulanyi’s lawyers Mathias
Mpuga and Anthony Wameli asked for permission to meet him (Kyagulanyi). But Kyagulanyi reportedly declined saying he wanted to meet the entire team. This means therefore that
his lawyers have not been blocked as he alleges, according to government.
Now, Ochom wants the case dismissed because it is
misconceived.
On his part, Brigadier Busingye says in his affidavit that he knows that under
the UPDF Act and the constitution, where the army is jointly deployed with
police to maintain law and order, their participation is in a supporting role
and therefore, they can't be held accountable.
Busingye says they were invited by police and they are the ones
who remain seized of the overall command and control.
Now the Judge has fixed January 25
2021 to deliver his decision on the matter.
But one of the lawyers of Kyagulanyi, Medard
Lubega Sseggona says his client is still strong and determined to lead Uganda despite
the gross human rights violations caused to him by the state.
