It is already a desided matter in court by implication according to the trial Judge, Justice Steven Musota. In addition the Forum for Democratic Change (FDC) party presidential candidate, Kizza Besigye risks being blocked from participating in next month’s elections if a petition by a police boss is something to go by.
He has to be available for trial on 3rd March 2016 set for hearing by the learnt Judge. According to the constitution only a president is not liable to any court proceedings.
The head of the directorate of crime intelligence in the police force, Lt Col Ndahura Atwooki Birakurataki, has petitioned the civil division of the High Court in Kampala to dispose of the case involving him and Forum for Democratic Change (FDC) presidential candidate, Dr Kizza Besigye before next month’s presidential election.
In a January 7 petition that Red Pepper has seen, Ndahura argues that Besigye aims at defeating justice by running for immunity against any court proceedings.
“After extensive consultations with various legal authorities following your decision to adjourn the cases to the 3rd of March 2016 I do humbly pray that the hearing be brought forward. The current date constitutes a mockery of justice as it is a hearing deemed in vain as one of the defendants, Rtd. Col Dr Besigye aims at defeating justice by running for immunity against any court proceedings. He is a presidential candidate,” Ndahura’s petition reads in part.
In October last year, Justice Stephen Musota was allocated to hear the defamation case filed in 2012 by a senior army officer Lt. Col. Ndahura Atwooki Biraku Rataku against Dr. Kiiza Besigye and his sister Dr. Olive Kobusingye.
Ndahura sued Besigye in October 2012 for allegedly defaming him in interview with The Observer. He also sued the newspaper and its editor.
The petition adds, “I believe courts owe the people of Uganda the duty to determine dishonesty when brought before the temple of justice. This is more pertinent now as the defendant (Besigye) aims at a false political victory of whatever percentage since his campaign package includes the falsehood complained about if not resolved. Ugandans need a leveled ground free of lies in order to make a free choice.”
The colonel also wants court to dispose of a case in which he accuses the two of defamation.
Ndahura accuses the duo of making false and malicious statements against him in relation to the 2001 general elections in Rukungiri District.
They allegedly stated that Ndahura who by then was a Captain and head of the PPU unit; is responsible for committing several atrocities in Rukungiri including the death of a one Baronda.
“Accordingly therefore I did under paragraph 18 pray for “(a) A permanent injunction restraining the defendants by themselves, their servants or agents from publishing and / or causing to be published of any defamatory words or any words of a like effect against the Plaintiff. ….. (d) Defendants publish an apology to the Plaintiff in the 2nd Defendant’s Newspaper with prominence and wording agreed to by the Plaintiff in advance.” These prayers have not been granted to date,” Ndahura states in his petition.
The said statements were published in 2009 in then Weekly Observer Newspaper.
Justice Musota had fixed the matter for hearing on 9th December 2015 but this was later changed to March 3, 2016.
This was after lawyers from Kafeero and company advocates representing Col. Ndahura Atwooki Birakurataki informed justice Musota that the two parties had failed to settle the matter out of court.
It was the second time both parties had failed to reach an out of court settlement which prompted the judge to set a date for hearing.
Ndahura insists that the case must be tried before the presidential elections slated for February 18.
“I also pray that the hearing date be brought forward to a date before elections slated for the 18th February 2016 and that you excuse yourself from these cases just in case you find that my fears have merit. It is also my humble prayer that justice is not only done but also be seen to be done,” Ndahura’s petition reads.
He adds, “The Defendant is stopped from running for the office which gives him immunity as well as power until the matter is resolved.”
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Forum for Democratic Change presidential flag bearer, Dr. Kizza Besigye and Col. Ndahura Atwooki Biraku Rataku have failed to settle the defamation matter out of court.
Col. Ndahura in a suit filed in 2012, accuses Dr. Besigye of giving an interview to The Observer, accusing him of having murdered Johnson Baronda in Rukungiri District during the 2011 general elections. Besigye also said in the interview that Col. Ndahura had been promoted after that, from Lieutenant Colonel.
Hearing of the case will now proceed, presided over by Justice Stephen Musota.
Dr. Besigye says he cannot retract his statement about the murder and promotion of the officer.
Lt. Col. Ndahura also insists the comments uttered by Dr Besigye were false, defamatory and libelous, for which he is claiming damages.
He further claims that the statements have caused him ridicule, hatred and that his reputation has been lowered in the eyes of the right thinking members of society.
The army officer wants court to issue a permanent injunction restraining Dr. Besigye and The Observer newspaper from publishing any alleged defamatory matter against him.
Dr. Besigye in his defense claims the interview was published in public interest, and that it was not intended to ridicule Ndahura as purported.
Ndahura, who had been recalled from Police by the army, was at the beginning of June arrested from Masindi by the Chieftaincy of Military Intelligence.
SECURITY
KAMPALA - The former director of crime intelligence in the Uganda Police Force, Lt Col Ndahura Atwooki (pictured), who was recently arrested by the Chieftaincy of Military Intelligence (CMI), has been charged in the army court.
Ndahura, who had been recalled from Police by the army, appeared before the Unit Disciplinary Committee (UDC) sitting at the CMI headquarters in Mbuya, Kampala on Friday.
At the UDC chaired by Col. Tom Kabuye, Atwooki was charged with interfering with the process of law, contrary to Section 166 of the UPDF Act 2005.
He has been remanded until July 13, 2018.
Army spokesperson Brig. Richard Karemire, confirmed the development, but did not divulge details relating to the offence and where Ndahura committed it.
But sources revealed that Atwooki is facing charges related to his work while he was the head of crime intelligence in the Uganda Police Force.
Ndahura was at the beginning of June arrested from Masindi by CMI.
He was arrested alongside former police chief Gen. Kale Kayihura, Assistant Commissioner of Police Herbert Muhangi and former cyber intelligence chief Richard Ndabwoine.
Before them, Abbey Kitagenda, a flying squad operative was arrested.
Kitagenda is believed to have provided CMI with information that implicated his bosses.
Kayihura, Muhangi, Kitagenda and Ndabwoine are also soon expected to appear before the military court.
To the coolers! Col. Ndahura finally charged, remanded
KAMPALA. The arrested former director crime intelligence in the Uganda Police Force Col Atwooki Ndahura Birakurataki has been charged with interfering with the process of law and remanded to Makindye military barracks. Ndahura appeared before the Unit Disciplinary Committee (UDC) chaired by Col. Tom Kabuye, Atwooki sitting at the Chieftaincy of Military Intelligence (CMI ) headquarters in Mbuya, Kampala . He has been charged with interfering with the process of law, contrary to Section 166 of the UPDF Act 2005.
UPDF spokesperson Brig. Richard Karemire confirmed that Col. Ndahura Atwooki appeared before the Unit Disciplinary Committee (UDC) chaired by Col. Tom Kabuye, Atwooki sitting at CMI headquarters in Mbuya, Kampala and charged with interfering with the process of law, contrary to Section 166 of the UPDF Act 2005Army spokesperson Brig. Richard Karemire, confirmed the development. Col. Ndahura was arrested on June 11, 2018 by armed forces led by Major General Okiding the commandant UPDF artillery Masindi Barracks from Peace Corner Motel in Masindi Town. He was arrested alongside former police chief Gen. Kale Kayihura, Assistant Commissioner of Police Herbert Muhangi and former cyber intelligence chief Richard Ndabwoine. Col Ndahura is among the 26 people, including police and military officers, who have been arrested as investigators cast wide the dragnet to catch suspects involved in criminal activities during the 12 odd years of Gen Kale Kayihura as head of the police force.
High Court Judge Musa Ssekaana, Monday 25th June ordered the military to produce Col. Ndahura before court (FILE PHOTOOn Monday this week Justice Musa Ssekaana of the High Court Civil Division ordered the Chief of Defence Forces (CDF) to produce Col Ndahura body dead or alive in court next week on July 2. The order followed an application that was filed by Ms Sarah Ndahura the wife to Col Ndahura (applicant) accusing the army for unjustly depriving him of his personal liberty in a manner contrary to article 23 (6) (a) of the constitution. Former Director of Crime Intelligence in Uganda, Col. Atwooki Ndahura Birakurataki was arrested on June 11, 2018 by armed forces led by Major General Okiding the commandant UPDF artillery Masindi Barracks from Peace Corner Motel in Masindi Town (FILE PHOTO)
Dr Kobusingye at the launch of the Luganda version of her controversial book, Lino Ly’ekkubo Ettuufu?, in Kampala on October 6, 2011. PHOTO BY ISAAC KASAMANI
Dr Olive Kobusingye, a younger sister to Forum for Democratic Change president Kizza Besigye, has been sued for allegedly publishing defamatory matter in her 213-page book, ‘The Correct Line? Uganda under Museveni’. The book is critical of President Museveni’s government.
Dr Kobusingye was sued by Lt-Col Ndahura Atwooki Biraku Rataku, a senior army officer in a case before the High Court in Kampala on Friday. “The plaintiff’s (Lt Col. Ndahura) claim against the defendant (Dr Kobunsigye) is for libel in respect to the reckless, false and malicious printing and causing to be published a defamatory article in her book: The correct line? Uganda under Museveni.” read the suit in part.
In his complaint, the army officer claims Dr Kobusingye in her book on page 15 paragraph 3 and on page 16 Chapter 1, falsely wrote that unofficial reports indicated that three people had been killed and that Lt-Col Ndahura and the Presidential Protection Unit soldiers who perpetrated this violence, were never apprehended.
The army officer, who was once a member of the Court Martial, also alleges that Dr Kobusingye claimed that after that unfortunate incident, he was promoted to the to the rank of Lt-Col in 2011 and was decorated with the Luwero Triangle medal.
According to him, the allegations by Dr Kobusingye were false and defamatory in nature. He claims this has now caused him ridicule, odium and that his reputation has been lowered in the eyes of the right thinking members of the society.
Senior police officers Muhangi, Ndahura, five others charged together with Kayihura by army court
The group in the dock at the General Court Martial in Makindye.
The General Court Martial in Makindye has on Tuesday afternoon charged several police officers with offences related to kidnap and repatriation of Rwandan refugees. Former police director in charge of Crime Intelligence, Col.Ndahura Atwooki, ACP Herbert Muhangi, the former Flying Squad Commander, SSP Richard Ndaboine (former head of Police Cyber Crime Unit) and Nixon Agasiirwe(former commander, Special Operations Unit) were arraigned before the army court.
Others were AIP Jonas Ayebaze, ASP Patrick Muramira(former deputy commander police Special Operations Unit) and Detective constable Abel Ktagenda. They were charged together with the former Inspector General of Police Gen.Kale Kayihura with aiding and abetting kidnap and repatriation of Rwandese refugees back to Rwanda against their own will.
It is alleged that between the year 2012 and 2016, by omission and commission, the group aided and abetted the actions of subordinate police officers and others on various occasions without hindrance to kidnap and illegally repatriated Rwandan exiles, refugees and Ugandan citizens to Rwanda including Lt.Joel Mutabazi, Jackson Karemera and Sgt. Innocent Karisa. They were also charged with failure to protect war materials contrary to section 122(1) (2) (d) of the UPDF Act 2005.
The suspects leaving the dock on Tuesday.The state alleges that between the year 2010 and 2018 the police officers on various occasions allowed the issue of arms and ammunitions to unauthorized persons including members of Boda boda 2010 led by one Abdullah Kitatta. The group is also accused of failure to supervise and ensure accountability for the arms and ammunitions issued to specialized units under the office of the Inspector General of Police including the Flying Squad, Special Operations Unit, witness protection unit and the Crime Intelligence directorate of the police force. A few minutes to 3pm, the group were brought to court driven in a Chieftaincy of Military Intelligence(CMI) van before being led to the court cells. They were later led to the dock from where they were read the charges in English and all denied them. “We ask for more time because investigations into the matter have not been complete, ”said the lead state prosecutor, Maj. Raphael Mugisha. The army court chairman, Lt.Gen.Andrew Gutti adjourned the matter to February 14 before remanding all of them to Makindye military police barracks.
Col Ndahura petitions human rights body over violation of his rights
Lawyers representing the former police director in charge of Crime Intelligence, Col Ndahura Atwooki, have written to the chairperson Uganda Human Rights Commission complaining of violation of his rights.
Col. Ndahura was arrested over a month ago in an army swoop that cracked the whip on a number of cronies of former Inspector General of Police, Gen. Kale Kayihura.
He would later appear before the Unit Disciplinary Committee (UDC) and charged with interfering with the process of law, contrary to Section 166 of the UPDF Act 2005 before allegedly pleading guilty to the charges and is currently awaiting sentence.
However his lawyers, Ochieng Associated Advocates and Solicitors, have written to the human rights body complaining of a gross violation of his rights by the army. “Through his wife, he has expressed violations of his human rights because he has been denied adequate time and facilities for preparation of his defence or access to his lawyers, ”reads in part the letter written on July 16.
“He is confined in a dark room unable to access light which has greatly affected his sight whereas he suffers from diabetes which ailment requires special attention and diet which he has been denied.” The lawyers have asked the Uganda Human Rights Commission to investigate the violation of their client’s rights.
The letter has been copied to the speaker of parliament, Minister of Justice, Chief Justice and the Uganda Law Society. Recently, Col Ndahura’s lawyers led by Evans Ochieng refuted claims that he had pleaded guilty saying it had never happened.
However, according to documents indicating the army court proceedings, a seven man panel consisting of Col.Tom Kabuye as the chairman and six members together with Lt Nekemiya Wasswa(legal advisor) and Lt.JE Arihihi (prosecutor) handled the matter. The document also indicated that the accused person (Col Ndahura) was not represented in court but followed the proceedings well.
It indicated that when his force number and name were read, he responded to the affirmative and on being asked the language he best understands, Col Ndahura preferred to use English. “Col Ndahura between February and March 2018 while at police Crime Intelligence headquarters, Bugolobi Kampala district fabricated evidence to wit a document containing a list of Rwandan refugees justifying the kidnap and illegal deportation of the refugees to the Republic of Rwanda which was subject of prosecution in UPDF/GCM Vs SCP Joel Aguma,SSP Nixon Agasiirwe and 7 others,” read in part the document presented to the judge .
The document also read that the Lt Nekemiya Wasswa, the court legal advisor explained the ingredients of the offence to the accused before being asked whether he understood the offence. “I have heard and understood sir,” replied Col Ndahura.
According to the document showing proceedings of the army court last week, when asked whether charges were true or false, Col Ndahura responded: “Its true sir,” before a plea of guilty was entered. It is also said the prosecutor told the court the matter was still under investigation and asked for the case to be adjourned to July 13.
Relatives of incarcerated senior police officers cry out to Museveni
Relatives of ten senior police officers, recently arrested by the army over unknown charges and detained at Makindye military barracks, have cried out to President Museveni to intervene in their plight.
In June, a number of people including police and military officers were arrested by the Chieftaincy of Military intelligence as the army cast wide the net to catch people involved in various crimes during the 12 year tenure of Gen.Kale Kayihura as the Inspector General of Police.
On Thursday, a group of over 20 relatives who included friends, spouses, siblings and other family members told journalists that it is high time the commander in chief of the armed forces who also doubles as the president of Uganda intervened in the plight of the incarcerated family members. “It is now over 140 days since their arrest and detention but have not been produced in any court in Uganda. President Museveni should intervene and save the situation,” said one Geoffrey Bigabwa who introduced himself as a younger bother to Col. Atwooki Ndahura, the former police director in charge of Crime Intelligence.
“At least he(Museveni) should ensure they are released on bond pending as they wait to be taken to court.”’
Addressing him as the ‘father of the nation’ the group said President Museveni should not be blinded by the small mistakes the incarcerated senior police officers committed and ignore the service they offered to the country.
They said the incarcerated police officers served the country diligently and cannot be paid by having their rights violated by detention above the mandatory 48 hours.
“This is not to condone criminality but their rights should also be respected. Some of them have been in detention for over a year .They were bread winners for their families and everything is now stuck since their arrest,” said Allan Ajuna, a son to former commander of the police Special Operations Unit, SSP Nickson Agasiirwe.
Kayihura release Peace Ndahura Atwooki, a daughter to Col.Ndahura Atwooki said if Gen.Kale Kayihura with whom their relatives are accused was released on bail, why can’t the same olive branch be extended to them. “If their boss (Kayihura) was released on bail, why are the juniors still being held incommunicado? It is a gross violation of their rights,” said Peace Ndahura.
Gen. Kayihura was in August charged with failure to protect war materials contrary to section 122(1) (2) (d) of the UPDF Act 2005 and aiding the kidnap and repatriation of Rwandan nationals. He was later released on bail pending his trial.
The group of relatives to Kayihura’s co-accused said they would soon seek for a meeting with President Museveni to discuss with him their plight.
“We shall arrange a visit to State House and we are sure as the father of the nation, he can’t decline meeting us. We know the moment he gets to know of our plight and that of our relatives, he will do something,” said Geoffrey Bigabwa, Col.Ndahura’s younger brother.
A number of senior police officers, army officers and civilians thought to be cronies to Kayihura were in June arrested by the army before being detained at the Makindye military barracks.
These included, SCP Good Mwesigwa, SCP Joel Aguma, Col Ndahura Atwooki,Lt Col Peter Musherure, ACP Herbert Muhangi, SSP Richard Ndaboine, SSP Nickson Agasirwe ,Sgt Abel Tumukunde, ASP James Magada and PC Faisal Katende.
Some of them have never been arraigned in court to be charged with any offence.
