By Witness Radio Team.

The hearing of a case against 20 anti-EACOP protesters has failed to take off for the third time due to the absence of the trial magistrate. According to Buganda Road Chief Magistrate Court, Her Worship Jalia Basajjabalaba was on official leave, and the case was adjourned to April 7, 2025.

The same trial, which was set for January, was stalled when the prosecution team failed to appear in court.

On August 27, 2024, the 20 activists, including Pitua Robert, Okwai Stephen, Kothurach Margret, Omirambe Moses, Owonda Rogers, Alimange Joseph, and Wabiyona Wicklyf, among others, were charged by the Buganda Road Magistrate Court with common nuisance.

These activists were arrested on August 26, 2024, while peacefully marching to the Ministry of Energy to deliver a petition opposing EACOP and other oil projects. The activists demanded justice, the upholding of their rights, and a halt to the oil industry’s violations of human rights and the environment.

The prosecution alleges that the accused marched through Kampala’s streets carrying placards and banners, causing annoyance, obstruction, or inconvenience to the public.

Section 160 of the Penal Code states that a person convicted of common nuisance faces a one-year imprisonment.

In their press conference held on Thursday, February 20, the accused activists demanded that the judiciary should stop delaying hearings of their case related to the East African Crude Oil Pipeline (EACOP) project and called for the dismissal of their case if the court lacks sufficient evidence to prosecute them.

Despite the repeated delays, the activists remain resolute, viewing the postponements as a form of judicial harassment. They stand firm in their demand for a fair and expedited trial, emphasizing the importance of upholding human rights in the judicial process.

“The courts of law should not be used as tools of oppression. They should not waste any time. If we have a case to answer, let them prosecute us on April 7, which they have scheduled. If they fail again, they should dismiss the case instead of wasting our time and resources,” Barigye emphasized.

The activists stress that these delays not only cause emotional distress but also impose a significant financial burden. Many of them, hailing from rural areas, have to raise funds for transportation to attend court sessions in Kampala, only to be disappointed by repeated adjournments.

“These continuous adjournments have cost us a lot. Many activists live in rural areas and have to raise money for transport, only to be present in court, but are often grieved when the cases are adjourned again and again,” said Bob Barigye, one of the accused, in an interview with Witness Radio.

The Buganda Road Magistrates Court was expected to begin hearing prosecution witnesses against the activists on February 18. However, the session was adjourned to April 7.

The activists also voice their strong condemnation of the police’s unlawful arrests of demonstrators exercising their constitutional rights. They call for an immediate halt to these actions, asserting that such detentions do not address the real concerns of the communities affected by oil and gas projects.

“We strongly condemn these arrests. Detaining demonstrators does not address the concerns affecting grassroots communities that oil and gas projects impact. We also warn individual police officers involved in these rights violations to perform their duties professionally, or they will be held personally accountable,” the activists stated.

The demands come amidst a deteriorating human rights situation in Uganda, where civic space is shrinking, and opponents of the EACOP project face increasing repression. Defending communities and the environment from the negative impacts of oil projects have effectively been criminalized. Community land and environment defenders and communities continue to face arbitrary arrests, detentions, and excessive delays in court proceedings.

The East African Crude Oil Pipeline (EACOP) is a 1,443-kilometer heated pipeline transporting crude oil from Hoima, Uganda, to Tanga, Tanzania. The first 296 kilometers run through Uganda, while the remaining 1,147 kilometers pass through Tanzania. The project is a joint venture between TotalEnergies, the Uganda National Oil Company (UNOC), the Tanzania Petroleum Development Corporation (TPDC), and the China National Offshore Oil Corporation (CNOOC).

By Witness Radio team.

The Magistrate at Buganda Road Court has granted non-cash bail to 15 stop EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities. They spent 30 days in detention at Luzira Maximum Security Prison on charges of common nuisance.

After the defense lawyers successfully applied for bail, on 10th December, the trial magistrate, Her Worship Nankya Winnie, granted a non-cash bail of 500,000 Uganda Shillings (approximately 136.50 USD) for each activist and their sureties.

The hearing of the bail application for the EACOP activists flopped yesterday. It was adjourned after it was reported that the then-presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another duty station and replaced by Her Worship Nankya Winnie.

The accused activists are all young students from the universities mentioned above. The students include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been controversial due to its potential environmental impact, including the risk of oil spills and deforestation, and the alleged human rights violations associated with its construction, such as forced evictions and land grabbing.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker and raise concerns about the EACOP project. The peaceful march reiterated numerous concerns raised by civil societies and the European Parliament about the project’s negative impacts.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On 11th November, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. This charge, frequently imposed against individuals peacefully protesting in Uganda, has notably been used against Stop EACOP activists. While common nuisance addresses acts causing inconvenience or disruption to the public, it is crucial to emphasize that the accused were engaged in peaceful protest, causing no harm or disturbance.

The prosecution alleges that on 11th November 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, which seems unjust given their peaceful protest. It’s important to note that their protest was non-violent and aimed at raising awareness about the potential negative impacts of the EACOP project.

The court has adjourned the case to 16th January 2025 for a hearing.

By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand at Luzira Maximum Prison on charges of common nuisance has flopped for the second time due to the absence of the presiding magistrate.

The prosecution stated that the bail application could not proceed because the presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another court. As a result, the case file was allocated to a new magistrate, Her Worship Nankya Winnie. She rescheduled to hear the bail application for today, October 10th, 2024, at 9 a.m. EAT.

The bail application for the 15 activists has faced yet another setback, marking the second failed attempt.

This delay in the bail application process means that these young students continue to be held in remand at Luzira Maximum Prison, a situation that is undoubtedly taking a toll on them. On November 16th, 2024, the bail hearing was disrupted due to the absence of two student activists, Wafula Simon and Kalyango Shafik. During that court session, the prosecution informed the court that both individuals were unwell, suffering from red eyes, and had been placed in isolation at the prison hospital.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

The 15 were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been a subject of controversy due to its potential environmental impact and the alleged human rights violations associated with its construction.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project. Their persistence in the face of adversity is truly inspiring.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On November 11th, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. The charge of common nuisance is often used in cases where individuals are accused of causing inconvenience or disruption to the public, but it is important to note that the accused were peacefully protesting and causing no harm.

The prosecution alleges that on November 11th, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, a charge that seems unjust given their peaceful protest.

The third attempt for the bail application of the 15 activists has been rescheduled for hearing today at 9 a.m. EAT before Her Worship Nankya Winnie of the Buganda Road Court.