Prime
Sejusa’s aides convicted over plot to overthrow government
Gen David Sejusa aides in the dock at the General court martial in Makindye on Tuesday during the judgement. They will return for sentencing on July 18. PHOTO BY MICHAEL KAKUMIRIZI
KAMPALA. The Military Court has convicted six soldiers, among them two junior officers of the elite Special Forces Command for plotting to overthrow president Yoweri Museveni’s government.
The other suspects are four men who worked in various capacities in the Office of the Coordinator of Intelligence Services formerly headed by dissident general David Sejusa, alias Tinyefuza.
Makindye based General Court Martial chaired by Lt. Gen. Andrew Gutti Tuesday held that prosecution proved the charges of treachery and aiding or abetting commission of offence against the accused persons. Both offences attract a maximum penalty of death.
“It is our finding that prosecution has proved the charges and we convict the accused persons as charged,” held Gen Gutti before adjourning the case to July 18 for sentencing.
Those convicted of treachery are Lance Corporals Grace Nasasira Rwakyozi, 39, and Geoffrey Mwebaze Karuhanga, 36, attached to SFC’s Task force Battalion and Tank Battalion, respectively while Mr Frank Ninsiima who was an operative in Tinyefuza’s office was found guilty of aiding or abetting commission of offence.
Others are James Karuhanga Nayebare, Moses Nuwagaba Kakarugahi and Abel Twinamasiko, alias Rubanuma.
The court found the accused persons guilty of aiding or abetting commission of offence for failing to report the unlawful acts to authorities.
Prosecution told Court that the two soldiers and others still at large, in or around the months of March to May 2013, and while in the areas of Mityana and Kampala, “consciously failed to disclose to proper authorities vital information about the recruitment of people to engage into activities intended to overthrow the legitimate government of Uganda”.
According to the charge sheet, the two SFC soldiers, then based in Mityana District, were procured by their co-accused persons to recruit colleague presidential guards into “subversive activities”.
Witnesses also told court that Mr Nayebale, Mr Nuwagaba and soldier/businessman, Mr Abel Twinamasiko in the two months, conspired with others to aid, abet, conceal and procure other persons to overthrow Gen Museveni’s government.
Court held that prosecution had proved that the convicts held meetings and procured to recruit fellow soldiers into subversive activities to overthrow government.
In response to the defence submission on lack of written evidence in regard to reporting of matters to their superiors, court ruled that it is not an army policy that junior officers take information in writing to their superiors.
Mitigation:
In antecedents, Lt Ambrose Baguma representing the state asked the court to treat five of the convicts as first offenders but consider the gravity of the offences they committed being capital in nature.
“For accused number three (Ninsiima), he was a soldier serving in SFC who was convicted for desertion and dismissed with disgrace. We pray that court consider that for the sentence,” he added.
But Mr David Mushabe, the lawyer who represented the accused persons asked court for lenience and consider the long time they have spent on remand since 2013 which occasioned to emotional distress and trauma.
“The convicts are young men who left behind their young families and they are sole bread winners. I pray that court pardons them to go and take care of their families,” said Mr Mushabe adding that he has instructions to appeal against the decision of court.
What the law says on treachery
A person subject to military law who, for any purpose prejudicial to the security or interests of Uganda—infiltrates the army of or is an agent of a foreign power or of any force engaging in war or warlike activities against the Government; consciously gives information to a foreign power or any force engaging in war or warlike activities against the Government or solicits information with a view to giving it to such power or force; consciously gives information to anyone without the knowledge and approval of the proper authority; or consciously withholds vital information from the proper authorities, commits the offence of treachery and is liable on conviction to suffer death.
Aiding or abetting commission of offence
A person subject to military law who— does or omits to do an act for the purpose of aiding any person to commit the offence; attempts to commit or abets any person in the commission of the offence; or (c) counsels or procures any person to commit the offence, commits an offence and is liable on conviction to the same punishment as the person who commits the actual offence.
