By Witness Radio team.

The committed environmental activists, who steadfastly advocated for halting the East Africa Crude Oil Pipeline (EACOP) Project, have been granted cash bail after a week-long stint in prison.

Court led by Her Worship Jalia Basajjabalaba granted each environmental activist a cash bail of 100,000 Uganda Shillings.

The accused were arrested on February 26, 2025, as they were marching to deliver a petition to the European Union Delegation at their headquarters in Kampala, Uganda.

Upon arrest, they were arraigned before the Buganda Road Magistrates Court and charged with common nuisance, a legal term often used to describe actions that cause inconvenience or harm to the public or a section of the public.

The eleven include Shafic Kalyongo, Joseph Ssengozi, Namuddu Rahima, Gilbert Nayebare, Arafat Mawanda, Hillary Mangeni, Brilliant James Mufere, Desire Ndyamwesiga, and Keisha Ali.

The environmental activists wanted the EU delegation to use its influence over France, one of its member states, to stop supporting Total Energies in the EACOP project. The project has become a source of frustration for the Ugandan and Tanzanian communities.

Total Energy and Other shareholders, including the state-owned China National Offshore Oil Corporation (CNOOC) and the governments of Uganda and Tanzania, spearheaded the construction of the EACOP, which stretches 1,445 kilometers from Hoima, Uganda, to the port of Tanga, Tanzania.

The protesters emphasized that the pipeline project, which involves extensive land clearing and potential oil spills, will cause significant environmental damage and has already destroyed people’s livelihoods, particularly those dependent on agriculture and fishing in the affected areas.

The activists will appear in court for their April 8, 2025 trial.

By Witness Radio team.

Majjo, a farming village in Buvuma District, is approximately 180 kilometers from Uganda’s capital, Kampala. Situated near Kitamilo, the district headquarters, the villagers lived in peace until the introduction of oil palm plantations around 2015. Since then, the communities have faced increasing unrest.

The push for the palm oil project expansion has emboldened land spectators and oil palm brokers to seize more land from neighboring communities. Those who resist often face harsh consequences, as they are criminalized by these influential individuals behind the land grab. These individuals, well-connected and shielded from accountability, use their power to suppress any opposition to their land acquisition activities.

At 8 am EAT on Thursday, February 20, 2025, community land rights defender Mr. Ssentongo Livingstone, dressed in a blue shirt, brown trousers, and worn-out black shoes, was heading to the Grade One Magistrate Court in Buvuma for his court hearing. Ssentongo has become a committed advocate for land rights in his community, enduring oppression while continuously mobilizing his fellow villagers to resist the land grabs associated with the expansion of oil palm plantations.

I had hoped to interview him that morning about the growing criminalization of those opposing the palm oil plantations in Buvuma. Still, it was impossible as he was in a hurry to attend court. He said, “I am rushing to court now. I have to attend a court hearing, but I will talk to you later, probably after the court session.” When I asked about the case, he explained that he faced several criminal charges, including trespassing and others. This prompted me to follow him and observe the court proceedings.

The journey to court was short, taking only about twenty minutes on foot. As we walked, Ssentongo angrily remarked, “Is it because I am closer to the court, police, and prison that I am treated this way?” He speculated that the land grabbers might be using this opportunity to repeatedly target and arrest him.

Along the way, I accompanied him and his lawyer in solidarity. Ssentongo was also joined by fellow community members in Majjo and Bukula villages who, like him, are facing similar criminal charges from the Buvuma cartel of land grabbers, though today, it was Ssentongo’s turn. The community members expressed their frustration and disbelief at the repeated targeting of their fellow villagers.

Ssentongo, in court, was represented by his lawyer, Adongo Sarah, from Witness Radio Legal Clinic, a Witness Radio – Uganda department. The hearing started at precisely 9 am. Before his Worship, Johnson Talemwa began with a case concerning carrying out prohibited activities in the forest reserve.  The prosecution alleged that the defender cut, burnt, or destroyed flora in the forest reserve, growing trees and other growing shrubs without a license in the Kirigye local forest reserve.

During the court hearing, the defense was expected to present a witness to support the claim that Ssentongo was a legal occupant of the land, which is being called a forest reserve. However, the defense counsel pointed out discrepancies in the case, noting that the accused was being tried twice by the same court, with the same complainant, for the exact charges.

“My Lord, my client is being tried on the same case twice by the same complainant; this is not right. I pray that your court looks through this matter for further indulgence.” Counsel Adongo revealed.

His Worship, in response, requested Counsel Adongo file her submission with proof that her client was being tried twice on the same case and thereafter adjourned the case to March 13, 2025, for a ruling.

Thinking that we were done with the day’s court appearance, as the case we had come for had been adjourned, we were shocked to see a second file related to Mr. Ssentongo was called. Now, this was a criminal trespass case before Magistrate Court. In this case, Buvuma College School, the complainant, accused Ssentongo of illegally occupying the same land, which the District claimed is part of the Kirigye forest reserve. Then, there is the third case, which involved allegations of illegal activities on forest land, with Ssentongo again accused by Buvuma District of occupying Kirigye Forest land.

Both cases were also adjourned to the same date, March 13, 2025, because the defense lawyer was new to the cases and requested more time to review the files. Counsel was instructed to file her submissions by March 7, allowing the Magistrate time to review the submissions before issuing a ruling on the 13th.

The relentless and exhausting persecution faced by families in Majjo and Bukula villages, Nairambi Sub-county, Buvuma District, is a stark reminder of the injustice prevailing in our society.  Those who resist surrendering their land for oil palm cultivation are the most targeted, and many families face similar hardships, with some having two or three cases heard in one day, all stemming from their fight to protect their land from being seized.

These communities are being persecuted by a powerful alliance of Buvuma District officials, judicial personnel, police officers attached to Buvuma District Police, officials from Buvuma College School, and workers from OPUL. Together, they have criminalized the actions of several community members, all to facilitate the expansion of palm oil plantations.

During arrests, family heads are forcibly taken from their homes by armed police officers, acting on orders from a powerful trio of Buvuma District officials, Buvuma College School, and workers from OPUL. They are then arraigned before court, unscrupulously charged with multiple offenses, and enduring unnecessary suffering.

“We are arrested without reason and a warrant,” said one Kyeswa Steven. “The only explanation we are given is that it’s an order from above. But why are we being punished for defending the land we legally acquired? Why don’t they buy land elsewhere?”

In one of the cases, on November 7 last year, Mr. Ssentongo’s home in Majjo was raided by two armed police officers from Buvuma police station. They handcuffed and arrested him, stating that the order came from Buvuma District Police Commander Bagole Michael and that they were instructed to take him to the district police station.

“They raided my home around 10 am while I was having breakfast. They were armed, told me not to run, and warned me that if I did, they would shoot me. They handcuffed me, placed me on a police motorcycle, and instead took me straight to court,” he recalled.

Upon arrival, Ssentongo claimed he had been immediately charged with prohibited activities in a forest reserve.

“It seemed like they were well-prepared. The file had already been prepared, and the charges were quickly read to me. I was remanded for over a month without a proper hearing.” The defender, now out on bail, recounted,” he added.

Mr. Ssentongo further explains that this powerful alliance has not only criminalized him and his fellow community members but has also resorted to violence, assault, and threats against the families of those leading the resistance to the land grab. His wife stands as a testament. In an interview with Witness Radio, Namisango Juliet says a day after the arrest of his husband, on November 8 at night, goons armed with sticks and dressed in casual clothes attacked and brutally beat her while accusing her and the family of refusing to vacate the contested land.

“On that day, three people invaded our home at around 10 pm. They found me bathing. So, when I attempted to get into my house, they held me, beat me, and threw me to the ground, accusing me of supporting my man in the resistance. They said once I failed to convince him to vacate the land, they would come for my life.” She added.

Another resident, Nsubuga Charles, was ordered to vacate his land after losing a court case. He has been arrested and charged with criminal trespass three times. On January 24, 2025, the court ruled in favor of Buvuma College School, ordering Nsubuga’s eviction and barring him from using or accessing the land despite his legal rights to the property.

Before the ruling, in November 2024, the magistrate had instructed Nsubuga to stop using the land while the case was pending. However, in December 2024, the magistrate sentenced Nsubuga to four months for allegedly disobeying his order. Nsubuga maintains that the magistrate was unfair, stating, “The magistrate said I had cultivated and planted crops on the land, which wasn’t true. He based his judgment on hearsay and didn’t conduct a locus visit, making the charges against me unjust.”

Additionally, the magistrate fined Nsubuga one million Ugandan shillings (1,000,000 UGX) for allegedly disobeying his orders despite his having already served his sentence.

Ssentongo is currently battling with cases CRB:301/2023, accused of illegally occupying Kirijje forest land (offense carrying out prohibited activities in forest reserve), CRB 232/2024 with complainant Kabale Denis (District Forest Officer) charged with carrying out prohibited activities in the forest reserve and CRB 098/2023 on criminal trespass with Buvuma College administration, the complainant.

In 2020, he was arrested, charged with criminal trespass in case number CRB:131/2020, and sentenced to one year in Majjo prison.

“I think you have witnessed what I have been through. Today alone, I have three cases, just the ones currently being heard. I have been arrested and charged over nine times. Imagine, and the reason is that I am resisting and mobilizing my community to fight against the land-grabbing scheme orchestrated by powerful, connected individuals,” Ssentongo revealed in an interview with the Witness Radio team.

Others facing persecution are

1. Steven Kyeswa, Kisekwa Richard, and Kibondwe Chrysostom on CRB 141/2024 on assault charges.
2. Kisekwa Richard and Kibondwe Chrysostom on CRB:251/2023 were accused of criminal trespass.
3. Nsubuga Charles on CRB: 263/2021, CRB 165/2022 and CRB:263/2023. In all cases, he was charged with criminal trespassing on his land, and the Buvuma school administration accused him of trespassing on the school’s land. According to Nsubuga, the school withdrew criminal case number 165/2022 and subsequently filed a civil case (022/2023), which was ruled in their favor.

Whereas community defenders are charged with the same criminal offenses by the same complainants in Buvuma, according to Uganda’s constitution, this is unlawful. Section 18 of the Penal Code Act Cap 120 states that a person shall not be punished twice for the same offense under this Code or any other law.

By Witness Radio team.

Despite the risks, these eleven environmental activists, unwavering in their opposition to the EACOP project, were accused of holding an illegal assembly. Their arrest on the 26th/02/2025, while attempting to deliver a petition to the European Union Delegation to Uganda offices in Uganda’s capital, Kampala, is a testament to their remarkable courage and commitment.

Clad in orange T-shirts emblazoned with the words “No to Oil,” these activists, chanting “Stop EACOP,” peacefully sought to engage the European Union. Their peaceful approach and their plea to the EU to use its influence, mainly through its member state, France, to engage TotalEnergies to abandon their involvement in the EACOP project, is a testament to their commitment to a nonviolent resolution.

The EACOP project has been widely criticized for its potential to cause significant environmental damage. The heated pipeline, stretching 1,445 kilometers from Hoima, Uganda, to the port of Tanga in Tanzania, could devastate sensitive ecosystems, threaten endangered wildlife, severely impact water resources, and increase greenhouse gas emissions. Moreover, it could displace local communities and cause social disruption along the pipeline route, making it a highly controversial project with substantial environmental risks.

The EACOP project, also known as the East African Crude Oil Pipeline, will transport oil from Hoima, Uganda, to the port of Tanga in Tanzania. Other shareholders include the state-owned China National Offshore Oil Corporation (CNOOC) and the governments of Uganda and Tanzania. The project has been a subject of controversy due to its potential environmental and social impact.

Shafic Kalyong, Joseph Ssengozi, Namuddu Rahima, Gilbert Nayebare, Arafat Mawanda, Hillary Mangeni, Brilliant James Mufere, Desire Ndyamwesiga, and Keisha Ali, among others,

were arraigned before the Buganda Road Chief Magistrate’s Court, charged them with common nuisance, and remanded them to Luzira Prison.

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

The eleven were arrested a few days after environmental campaigners demanded that the Uganda Police cease detaining and criminalizing nonviolent protestors. This demand followed the continuous adjournment of cases involving EACOP protesters, causing delays and exhausting their resources. In their press conference, the activists stated that police should not arrest them, as the Court often lacks sufficient evidence to try them, leading to unnecessary delays.

The activists will return to the Court from remand on the 6th of March 2025. This court appearance is significant as it will determine the next course of action in their legal battle against the charges of common nuisance.