Drama as state attorney tries taking over Hoima land case
Lawyers Anthony Odur and Peter Arinaitwe meet their clients before the court session at Hoima Chief Magistrate's Court on October 12, 2023. PHOTO/BILL OKETCH
What you need to know:
- The case is now adjourned to November 13, 2023.
Drama ensued at the Hoima Chief Magistrate’s Court on Thursday after the area Resident Senior State Attorney John Ochopa attempted to take over prosecution in the Kapaapi Sub-county land eviction case.
On September 11, 113 residents of Kapaapi Sub- County, Hoima District, filed a case at the court in regard to a February land eviction.
The contested land is described as leasehold register volume 1664 folio 3 block 9 Plot 38 Land at Bugahya and measures 926.25 hectares.
This private prosecution seeks to hold some powerful individuals in Hoima District accountable for the alleged gross human rights violations which they orchestrated on the plaintiffs during that alleged violent eviction.
The defendants are Brig Peter Nabasa, Patrick Bogere (Hoima District Police commander), Michael Kyakashari (Hoima deputy Resident District Commissioner), and Magnum Security Company Ltd. Others are Moses Asiimwe Byangire, William Gafayo Ndawula, Nathan Kiiza Byarugonjo, Michael Oketch and Luzira Oromo.
Thursday was the first court session to be held at the fully-packed Chief Magistrate’s courtroom in Hoima City--- and some of the accused persons facing charges related to gross human rights violations, including raping of women and girls, beating up people and burning homes appeared in the dock.
“Brig Nabasa sent his lawyer to plead to be allowed more time to appear in court, while Bogere and Kyakashari are yet to hear from them,” Peter Arinaitwe, the plaintiffs’ lead counsel, told Monitor.
“We had an attempt by Ochopa to take over prosecution, but we strongly assured him that he has no mandate over such proceedings brought under the law,” he remarked.
Arinaitwe argues that the Human Rights Enforcement Act under which we theu prosecuting the accused does not give room to the Directorate of Public Prosecutions to take over the case.
“The Chief Magistrate appreciated our point that for purposes of today’s hearing, even the state is not allowed to appear on behalf of Uganda. We shall push to have this prosecution until its logical conclusion,” he emphasized of the case now adjourned to November 13, 2023.
After the adjournment of the case, dozens of angry residents immediately marched out and staged a demonstration behind the courtroom in show of their grievances over what they termed “as efforts by the state to delay justice.”
“As I speak right now, many of them are homeless and it is their right to let the world know that they are going through a deplorable situation that needs to be addressed urgently,” Arinaitwe’s partner lawyer Anthony Odur defended protests by his clients.
