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Private prosecution against army general, police commander and others fails to take off as trial magistrate did not show up.

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By Witness Radio team.

The private prosecution initiated against the 13 suspects that participated in violent land evictions and rendered over 2,500 East African Crude Oil Pipeline (EACOP) Project-Affected Persons (PAPs) homeless has failed to take off following the unannounced absence of the trial magistrate.

On Thursday, the 12th of October, 2023, the 13 suspects were expected to appear before Hoima magistrates court and take a plea to over seven (7) charges. These included, Brigadier General Peter Akankunda Nabasa, Gafayo Ndawula William, Kyakashari Micheal, the Deputy Resident District Commissioner in Hoima, one Oketcha Micheal, Bogere Patrick, a Hoima Rural District Police Commander, a one Kiiza Nathan Byarugonjo, Oromo Luzira, Secretary Local Council One for Runga, Mukindo Bosco, Okethi Bosco, Oming Jacob, Muswa Micheal, Kawiya Henry, Ningaling Joseph, and others still at large.

Although the trial magistrate was absent, some suspects such as Kyakashari Micheal, the Deputy Resident District Commissioner Hoima district, and Bogere Patrick, a Hoima Rural District Police Commander defied court summons. Brigadier General Peter Akankunda Nabasa sent his lawyers.

On 11th/09//2023, the East African Crude Oil Pipeline (EACOP) Project-Affected Persons (PAPs), through their lawyers Arinaitwe Peter, started a criminal proceeding against the 13 suspects under criminal case file number 877 of 2023 at Hoima chief magistrate court. The file contains various criminal offenses allegedly committed by the accused, such as criminal trespass, arson, looting property, sexually abusing and raping women, 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 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 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.

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.

His Worship, Mfitundida George, the Hoima Chief Magistrate who was present on that day, adjourned the case to 13th of November, 2023 and issued fresh criminal summons to all the suspects to re-appear.

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