Military court dismisses 2 soldiers over cowardice
Maj Zadock Abor, and Maj John Oluka, were found guilty and dismissed last Saturday by the General Court Martial sitting at the African Union Transition Mission in Somalia (ATMIS) camp in Mogadishu. Photo | UPDF
What you need to know:
- Brig Robert Freeman Mugabe, the chairman of the General Court Martial, who presided over the trial, said the act of the two officers ordering a withdrawal of troops from a base under attack by al-Shabaab terrorists was cowardly and greatly tarnished the name of the UPDF
The Uganda Peoples’ Defence Forces General Court Martial has dismissed two army officers for cowardice.
The two officers, Maj Zadock Abor, and Maj John Oluka, were found guilty and dismissed last Saturday by the General Court Martial sitting at the The African Union Transition Mission in Somalia (ATMIS) camp in Mogadishu, the capital city of Somalia.
Brig Robert Freeman Mugabe, the chairman of the General Court Martial, who presided over the trial, said the act of the two officers ordering a withdrawal of troops from a base under attack by al-Shabaab terrorists was cowardly and greatly tarnished the name of the UPDF.
“Because of cowardice in action, a number of our soldiers and equipment were lost. Maj John Steven Oluka,58, and Maj Zadock Abor, 49, are both found guilty on count one; cowardice in action contrary to section 120 (1) (2) (a) of the UPDF Act of 2005. Whereas Maj John Steven Oluka on top of count one, is also sentenced with count two; offences by a person in command when in action contrary to section 128 (1) (b) of the UPDF Act of 2005,” he said.
The court also found four other non-commissioned officers guilty of failure to protect war materials contrary to section 122 (1) (2) (g) of the UPDF Act 2005.
The four were sentenced to imprisonment ranging from 10 months to 22 years. They include L/Cpl Alex Okot Anyatta, who was sentenced to 16 years; Cpl Hagai Twinemanzi was sentenced to 22 years imprisonment; Sgt Ronald Obeyo was sentenced to 17 years, and Sgt William Kakooza was sentenced to 10 months and 18 days detention.
The crime
The al-Shabaab militants on May 26 attacked a military base housing Ugandan forces of the African Union peacekeeping mission in Somalia, killing 54 soldiers and taking several others as prisoners.
The rebels attacked the base catching the UPDF soldiers by surprise.
The prosecution during the trial said the two senior officers on May 25 while in Bulomarer Forward Operating Base (FOB) and commanding infantry companies, received a briefing from intelligence officer and the battalion commander of an impending attack by al-Shabaab but failed to plan and deter the attack.
It went on to state that on May 26, when the al-Shabaab attacked the base, the two Majors failed to encourage soldiers under their command to fight courageously.
“They instead abandoned their troops and ran away to Golweyn Forward Operating Base,” the prosecution stated.
On the second count, the prosecution stated that Maj Oluka, on May 27 while at Golweyn FOB commanding the rear protection force during the search, rescue and recapture of Bulomarer Forward Operating Base, caused the abortion of the operation.
“This court after listening to both defence and state councils respectively, sentences you as follows; you Maj John Steven Oluka you are sentenced to dismissal from the defence forces. You Maj Zadock Abor you are sentenced to dismissal from the defence forces. You have a right of appeal within 14 days,” the chairman of the court ruled.
Section 120 (1) (2) (a) of the UPDF Act of 2005 sets the punishment for cowardice in action and offences of persons in command when in action. Section 128 (1) (b), where it results into failure of operation or loss of life state that on conviction, the punishment is by death or in other circumstances life imprisonment.
Why the leniency?
While the offences committed by the two officers would have warranted a heavier punishment, including death, the two were not subjected to such.
Maj Peter Mugisa, the contingent information officer at the Mogadishu-base camp, explained that the court considered a number of factors before sentencing the two.
He also said the defence counsel for the team put up a good fight to save them from being dismissed in disgrace.
“This Bulomarer case when al-Shabaab overran our base, there were many factors that came into play. The defence counsel for the two majors alluded to the fact that the ratio of al-Shabaab to our forces was 4:1. In other words, al-Shabaab was four times more than the number of the UPDF,” he said.
Maj Mugisa, however, said the two were found guilty because they failed to execute their duties as demanded of them. He said Maj Abor ignored the intelligence briefing that would have prevented the attack, while Maj Oluka ran away from his responsibility.
“The failure to command and control, the failure to encourage the soldiers to fight on accounted for the decision that is why these two majors were found guilty,” he said.
