MEDIA FOR CHANGE NETWORK
Hoima Court fire: Witness Radio is dreaded as evidence in lawsuits filed against high-profile individuals could have been destroyed.
Published
1 month agoon

By Witness Radio team
Anxiety has gripped Witness Radio’s legal team after the fire outbreak at Hoima High Court. Officials say fire is feared to have destroyed vital evidence in lawsuits files against high-profile people, which the organization filed recently and set for hearing soon.
Although the source of the fire is still not yet established, the Albertine Regional Police spokesperson, Julius Hakiza, confirms that the weekend fire started at around 6 AM local time on Saturday, the 21st of 2023, and originated from the archive section of the high court, resulting in the destruction of numerous documents, reducing them to ashes.
The Hoima High Court, which houses Hoima Chief Magistrate Court, is a neighbor to Albertine regional police headquarters in Hoima City.
The fire news is coming at a time when an East Africa Crude Oil Pipeline (EACOP) victim community locally identified as Kapapi Community had initiated a private prosecution case against Brigadier General Peter Akankunda Nabasa, one Gafayo Ndawula William, Kyakashari Micheal, the Deputy Resident District Commissioner in Hoima, Bogere Patrick, a Hoima Rural District Police Commander, and others.
The accused persons and their agents in the wee hours (1:00 AM) local time on February, 10th 2023, raided people’s homes with dozens of unidentified armed individuals, donning Uganda Police Force (UPF) and Uganda People’s Defense Force (UPDF) uniforms. Acting under the orders of DPC Bogere and Brigadier Nabasa, along with armed guards affiliated with Magnum, a private security company fired tear gas and live bullets into their houses, sexually abused women, set people’s houses ablaze, physical assaults, kidnaps, looted livestock, and food items and forcefully evicted them from their land.
The same community which lost its land in February 2023, had filed several civil suits seeking reinstatement back on their land and compensation for damages and human rights violations suffered.
The actions of the accused persons led to the grabbing of 1294.99 hectares, that have been lawfully occupied and cultivated by thousands of locals in the villages of Waaki North, Kapapi Central, Waaki South, Runga, and Kiryatete within Kapapi and Kiganja sub-counties in Hoima district.
According to Witness Radio research findings, the individuals involved in the Kapapi land grabbing are targeting to benefit from the compensation intended for community members, given that their land was earlier identified to be impacted by the Tilenga Resettlement Action Plan 4, an EACOP project in 2018.
Now, the lawyers are concerned that the valuable evidence implicating the suspects may have been compromised during the recent fire outbreak, potentially jeopardizing their chances of winning their cases.
“This is a significant case involving influential individuals with connections and substantial power, giving them the ability to exert their influence as they please. They have consistently issued warnings, urging us to abandon the case. Now, with the courthouse fire, it has placed our cases in a precarious position,” One of the lawyers stated.
On the 12th of October 2023, when both criminal and civil cases came to court, were subsequently adjourned to November 2023.
Hakiza has disclosed that the police have already launched a comprehensive investigation to ascertain the causes of the fire outbreak.
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MEDIA FOR CHANGE NETWORK
The East African Court of Justice fixes the ruling date for a petition challenging the EACOP project.
Published
2 weeks agoon
November 16, 2023
By Witness Radio team.
The East African Court of Justice has set Wednesday the 29th of November, 2023 to deliver a ruling on a petition challenging the construction of the East Africa Crude Oil Pipeline (EACOP) Project filed by four East African Non-governmental Organizations.
The Court consists of Honorable Mr. Justice Yohane Bokobora Masara Principal Judge, Honorable Justice Dr. Charles Nyawello Deputy Principal Judge, Honorable Mr. Justice Richard Muhumuza, Honorable Mr. Justice Richard Wejuli, and Honorable Justice Dr. Gacuko Leonard.
According to the ruling notice seen by Witness Radio, the regional Court will deliver the ruling at 9:30 East Africa Standard Time, the 29th of November 2023.
On 6 November 2020, Natural Justice, Africa Institute for Energy Governance (AFIEGO), Centre for Strategic Litigation and the Centre for Food and Adequate Living Rights (CEFROHT) Limited filed a petition against the governments of Uganda and Tanzania and the Secretary General of the East African Community (EAC) challenging the construction of the EACOP project.
The basis of the Applicants’ petition rests on the assertion that the EACOP project violates multiple provisions of the Treaty of the Establishment of East African Community. The project further violates the Protocol for the Sustainable Management of the Lake Victoria Basin, the African Charter on Human and People’s Rights, the African Convention on Conservation of Natural Resources, the post–2020 Convention on Biological Diversity, and the Paris Climate Accords.
Furthermore, the Applicants argue that the entities backing the EACOP project, such as Total Energies, China’s National Offshore Oil Corporation, and the Governments of Uganda and Tanzania, failed to carry out thorough and meaningful public engagement and consultation processes and additionally did not conduct comprehensive assessments of both the human rights and climate impacts before initiating the EACOP project.
In 2006, Uganda discovered commercially viable oil reserves in the Albertine Graben region, specifically in the Lake Albert area near Hoima district.
With the cooperation and support of its neighbor, Tanzania, the two governments approved in March 2023 the construction of the $5 billion EACOP project, which is planned to cover a distance of 1,443 kilometers.
The East Africa Crude Oil Pipeline (EACOP) connects the Tilenga and Kingfisher oilfields in western Uganda with the port of Tanga in eastern Tanzania, when completed, the project will be the longest heated crude oil pipeline in the world crossing through 10 districts in Uganda, and 25 districts in Tanzania.
Uganda’s President, Mr. Yoweri Museveni Tibuhaburwa, has often celebrated the oil projects calling a success. He firmly believes that the oil discovery represents a significant catalyst for economic development and will bring benefits to the local communities, but the current reality is a reverse to his statements.
The EACOP project has triggered significant concerns among communities and civil society groups due to its detrimental impacts on thousands of individuals in Uganda and Tanzania. The most affected have been the Project Affected Persons (PAPs) and human rights activists who stand against the project. Reports have highlighted cases of land grabbing, the displacement of host communities, inadequate compensation, and the troubling trend of harassing and arresting community leaders and rights activists.
It should be remembered that on the 14th of September 2022, the European Union Parliament passed an advisory resolution to suspend the oil pipeline for a year citing disastrous human and environmental rights violations associated with the project.
The resolutions put forth by the European Parliament legislators echo the distressing issues raised by affected communities regarding the oil pipeline project.
In response to the violation of human rights, conventions, and treaties, Civil Societies including Natural Justice, AFIEGO, Centre for Strategic Litigation, and CEFROHT took the pivotal step of approaching the East African Court of Justice to challenge the construction of the EACOP project.
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MEDIA FOR CHANGE NETWORK
UPDF General, District Police Commander, and Presidential Representative defy Court summonses for the second time as DPP takes over the EACOP-PAP’s case.
Published
2 weeks agoon
November 15, 2023
By Witness Radio team.
The office of the Director of Public Prosecutions in Hoima has taken over the private prosecution case filed by Arinaitwe Peter and Company Advocates on behalf of an East African Crude Oil (EACOP) Project affected community against the Army General, Presidential Representative, District police Commander, and 10 others accused of violently and illegally evicting over 2500 lawful residents from their land they had called home for decades.
On 11th/09//2023, the East African Crude Oil Pipeline (EACOP) Project-Affected Persons (PAPs) started a private criminal proceeding against the thirteen suspects including Brig. Gen. Peter Akankunda Nabasa, Gafayo Ndawula William, Kyakashari Micheal, one Oketcha Micheal, Bogere Jackson, one Kiiza Nathan Byarugonjo, one Oromo Luzira, a Local Council One Secretary for Runga, one Mukindo Bosco, Okethi Bosco, Oming Jacob, Muswa Micheal, Kawiya Henry, Ningaling Joseph, and others still at large in an effort to hold them accountable for their criminality and human rights violations committed during the Kapapi brutal evictions.
Criminal case file no. 877 of 2023 at Hoima court contains various criminal offenses namely; sexual abuse, rape, criminal trespass, arson, looting properties, battering people, and forcefully evicting residents from their homes, which constitutes a violation of the non-derogable right to freedom from torture, cruel, inhumane, and degrading treatment, as guaranteed under Article 23 And 44 of the 1995 Constitution of the Republic of Uganda.
The court session, scheduled for 9 am, faced a delay due to the state attorneys’ late arrival caused by prior engagements. Despite this, the Court commenced proceedings and began by addressing an application submitted by the ODPP on October 10, 2023. This application aimed to grant the ODPP permission to take over the prosecution, citing constitutional mandates and legal provisions.
During these proceedings, key figures including the Army Gen. Brig. Gen. Peter Akankunda Nabasa, Presidential representative, Kyakashari Micheal, and District Police Commander Bogere Patrick, among others, defied the Court’s second summonses issued against them to present themselves before Court. Simultaneously, several other individuals related to the case including Gafayo William, a Hoima-based businessman, Oketcha Micheal, Orumu Luzira, and Oming Jacob were present in Court.
Lawyers for the EACOP community objected to the ODPP’s involvement, raising concerns about potential biases, lack of transparency, the application’s failure to meet the standards outlined in Article 120, Clause 4(a) of Uganda’s Constitution, and the DPP office’s past alignment with the accused. The defense highlighted instances where the ODPP allegedly favored the accused, disregarding serious complaints filed by the community and even resulting in the wrongful imprisonment of the complainants.
“The very office seeking to take over this case was previously instrumentalized by the accused individuals to criminalize the complainants, resulting in the complainants being charged with multiple offenses and imprisoned for periods ranging from three to five months. Moreover, this same office has failed to act on filed cases and complaints by community members against the suspects. For instance, a reported gang rape case at Kitoba police referenced HMD-GEF-003 of three women belonging to the Kapapi community where the 4 suspects include; the District Police Commander, remain unaddressed. How can trust be placed in an entity that has previously been utilized in a manner seemingly benefiting the accused, while overlooking serious complaints filed by the community?” Lawyer Arinaitwe Peter who represented residents asked Court.
In their rejoinders, the DPP’s office, led by state attorneys Catherine Nakaggwa and Crispus Ceaser Naloda, reiterated that the Director of Public Prosecutions (DPP) holds the right to appear in any court proceeding, regardless of the stage of the trial initiated under private prosecution emphasizing the DPP’s authority to orally address the court regarding their intention to assume control of the ongoing criminal proceedings.
In addressing concerns about impartiality and transparency, the attorney stated that the lawyers representing the victims will be closely monitoring the proceedings to ensure clarity and fairness. They emphasized that the victims’ legal representatives will “watch a brief,” allowing them to observe and comprehend every step taken by the DPP’s office as they execute their mandate.
While giving her ruling on the submissions, Grade One Magistrate Stella Mwali of the Hoima Court referenced Article 120(3)(c), which grants the Director of Public Prosecutions (DPP) the authority to assume control and proceed with any criminal proceedings initiated by another individual or authority to grant their request.
“The charges are criminal in nature and the court sees no powerful reason to object the DPP’s office from taking over this case and exercising its mandate.” Her worship said in a ruling.
The 13 accused persons and their agents in the wee hours (1:00 AM) local time on February, 10th 2023, raided people’s homes with dozens of unidentified armed individuals, donning Uganda Police Force (UPF) and Uganda People’s Defense Force (UPDF) uniforms.
Acting under the orders of DPC Bogere and Brigadier Nabasa, along with armed guards affiliated with Magnum, a private security company fired tear gas and live bullets into their houses, sexually abused women, set people’s houses ablaze, physical assaults, kidnaps, looted livestock, and food items and forced eviction of over 2500 people from their land.
The actions of the accused led to the grabbing of 1294.99 hectares of land that were being lawfully occupied and cultivated by thousands of locals in the villages of Waaki North, Kapapi Central, Waaki South, Runga, and Kiryatete within Kapapi and Kiganja sub-counties in Hoima district
Their actions were aimed at positioning themselves to benefit from compensation related to the community’s land, earmarked for an EACOP (East African Crude Oil Pipeline) project scheduled to be developed on this territory.
The private prosecution case of the 13 suspects will re-appear in the same court on the 19th of December 2023 with plea taking.
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MEDIA FOR CHANGE NETWORK
Breaking: The army general, police chief, presidential representative, and others are appearing before the Hoima Chief Magistrate court today.
Published
2 weeks agoon
November 13, 2023
By Witness Radio team
Hoima, 13th of November 2023. A Ugandan Army General, Hoima Rural District Police Commander, and a Presidential representative among the 13 suspects expected to be charged with several criminal and human rights violation offences committed while forcefully evicting over 2500 local families to give way for an East African Crude Oil pipeline (EACOP) project.
Brig. Gen. Peter Akankunda Nabasa, one Gafayo Ndawula William, Kyakashari Micheal a Deputy Resident District Commissioner in Hoima, one Oketcha Micheal, Bogere Patrick, a Hoima Rural District Police Commander, one Kiiza Nathan Byarugonjo, one Oromo Luzira, a Local Council One Secretary for Runga, one Mukindo Bosco, Okethi Bosco, Oming Jacob, Muswa Micheal, Kawiya Henry, Ningaling Joseph, and others still at large accused of raping women, defilement, arson, and criminal trespass among other offenses.
The 1st accused person is the Deputy Commander of Uganda Peoples Defense Forces, First Division Kakiri in Wakiso District; The 2nd accused person is a Businessman with Businesses in Hoima District; the 3rd Accused is Deputy RDC Hoima District. The 4th accused is the Hoima Rural District Police Commander. The 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th & and 13th accused persons are residents of Kapapi Village and were agents of the evictors.
It followed on October 12th 2023 when the 13 suspects’ plea-taking flopped after the absence of the trial magistrate.
Meanwhile only four of the thirteen suspects, namely Gafayo William Ndawula, Oketcha Micheal, and Oromo Luzira, lawyers for Brig. Gen. Peter Akankunda Nabasa was present in court on that day.
On 11th/09//2023, the East African Crude Oil Pipeline (EACOP) Project-Affected Persons (PAPs), through their lawyers Arinaitwe Peter and Company Advocates started a private criminal proceeding against the thirteen suspects to hold suspects accountable for their criminality and human rights violations.
Each charge attracts different punishments on conviction, as shown below;
Section 124 of the Penal Code states that the punishment for rape on conviction is liable to suffer death; the punishment for assault on court conviction is five years; the punishment threatening violence on court conviction does not exceed four years; the punishment for arson on court conviction is fourteen years; and Punishment for robbery, one has to suffer life imprisonment among others.
According to the charge sheet, the accused persons and their agents in the wee hours (1:00 AM) local time on February 10th, 2023, raided people’s homes without a court order with dozens of unidentified armed individuals, donning Uganda Police Force (UPF) and Uganda People’s Defense Force (UPDF) uniforms.
Acting under the orders of DPC Bogere and Brigadier Nabasa, along with armed guards from Magnum, a private security company. The suspects and their agents fired live bullets and tear gas into their houses, sexually abused women, set people’s houses ablaze, physical assaults, kidnaped, and looted livestock, and food items, and forcefully evicted project-affected families off their land.
The actions of the accused led to the grabbing of 1294.99 hectares that were being lawfully occupied and cultivated by thousands of locals in the villages of Waaki North, Kapapi Central, Waaki South, Runga, and Kiryatete within Kapapi and Kiganja sub-counties in Hoima district.
According to research findings by Witness Radio, the individuals involved in the Kapapi land grab are targeting to benefit from the potential compensation intended for community members, given that their land was identified to be impacted by the Tilenga Resettlement Action Plan 4, an EACOP project.
In one of the Resettlement Action Plan (RAP) reports, Total Energies Uganda identified Kapapi, Runga, Waaki, and Kiryatete villages as areas that will be affected by the proposed Tilenga Feeder Pipeline Component (RAP 4).
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