NUP supporters in the dock

The group, long regarded as political prisoners by many due to their support for former presidential candidate Robert Kyagulanyi Ssentamu, alias Bobi Wine, had been arrested in 2020 and 2021. The group, consisting of individuals such as Ibrahim Wandera, Swaibu Katabi, and David Mafabi, was accused of possessing 13 explosive devices, a restricted item exclusively controlled by the defence forces.

These devices were allegedly found in various locations across Uganda, including Jinja, Mbale, Kireka and Kampala Central, between November 2020 and May 2021. Initially, the group pleaded not guilty to the charges. However, after spending four years on remand, they changed their plea to guilty during a Court Martial appearance before Brig Freeman Mugabe.

Despite their plea, the case remains politically charged, with many viewing their arrest as a consequence of their support for Bobi Wine, who has been a vocal critic of President Yoweri Museveni’s government. The Ugandan state has repeatedly maintained that NUP supporters who were arrested during the elections and had no criminal involvement were released.

Yet, the guilty plea from Lutaaya and her co-accused raises questions about the pressure faced by those who remained incarcerated. There are still more than nine NUP supporters who continue to plead not guilty and have refused to change their stance. The case underscores the complex political landscape in Uganda, where supporters of opposition parties, particularly NUP, have frequently found themselves entangled in legal battles.

It also highlights the tension between the state’s claims of upholding law and order and accusations of politically motivated arrests and prosecutions aimed at stifling dissent. As the legal proceedings continue, the spotlight remains on how Uganda’s judicial system handles cases involving politically sensitive figures and issues, with many observers questioning the fairness and transparency of such trials.

IMPLICATIONS FOR THE NATIONAL UNITY PLATFORM

The recent guilty pleas by 16 National Unity Platform (NUP) supporters charged with treachery and illegal possession of explosive devices have sparked widespread debate regarding the broader implications for the party and its leadership. Human rights lawyer George Musisi argues that the guilty pleas have no significant impact on the NUP or its leader, Robert Kyagulanyi, also known as Bobi Wine. Musisi claims that the pleas are a result of desperation rather than overwhelming evidence.

“It is widely understood that these individuals are pleading guilty due to the difficult conditions they have faced, not because of solid proof against them. This is a political maneuver,” Musisi said.

He referenced a public statement by Youth and Children Affairs minister Balaam Barugahara, who claimed he would facilitate the group’s release without having directly engaged with the accused. Musisi described the case as inherently political. He emphasized that under Ugandan law, once an individual pleads guilty, there is little room for overturning the conviction, even on appeal.

“Legally, once convicted, you cannot change your plea. Even on appeal, the court can only reduce the sentence. You cannot reverse the conviction based on a plea of guilty,” Musisi explained.

He added that, in addition to the legal ramifications, such as restrictions on travel and the inability to hold public office, the guilty pleas would have long-term consequences, particularly for younger individuals. Senior counsel and political analyst Peter Walubiri highlighted the broader concerns regarding Uganda’s democratic processes and the rule of law. He pointed out that the four-year delay in bringing evidence against the NUP supporters, only for them to plead guilty suddenly, raises questions about the integrity of the legal system.

“In a democracy, this case should not be seen as an indictment on the political party but, rather, a reflection of the breakdown of the rule of law. The whole process reveals how Uganda’s legal system is on trial, and even our judiciary is facing scrutiny,” Walubiri said.

Walubiri also criticized the use of the military court-martial to try civilians, noting that this issue is currently before the Supreme court. He further suggested that NUP should use this moment to expose the failures of justice in Uganda, positioning the case as a demonstration of the country’s shift toward dictatorship rather than democracy.

“The NUP should frame this as evidence of a lack of democracy in Uganda, where political prisoners are held for years without trial, only to be coerced into guilty pleas to score political points against their party,” Walubiri added.

He also argued that future governments should enact legislation to reverse the convictions of these individuals, compensate them for their wrongful imprisonment, and restore their rights. Makerere University lecturer Mwambutsya Ndebesa echoed similar sentiments, noting that the case has moved beyond the legal sphere into the political domain.

He argued that the accused were political prisoners from the outset and that their situation must be resolved through political means rather than legal processes.

“This is no longer a legal issue; it has always been a political matter. These individuals are political prisoners, and their release will require a political solution, not a legal one,” Ndebesa said.

He urged the public to support the release of the NUP supporters, while also downplaying the idea that their guilty pleas would significantly impact the party.

“NUP’s core leadership remains intact, and these individuals were not central to the party’s strategic direction. Even if they are recruited into the National Resistance Movement (NRM), I don’t believe it will make much difference,” Ndebesa concluded.

The case continues to highlight the ongoing struggles surrounding Uganda’s political landscape, the role of the judiciary, and the fate of those caught in the crossfire of the country’s evolving political tensions.

NUP SECRETARY GENERAL ALLEGES COERCION IN GUILTY PLEAS

In a strongly worded statement, National Unity Platform (NUP) secretary general Lewis Rubongoya has accused the judicial system of being a tool of the military regime, claiming that party supporters were coerced into pleading guilty out of frustration and desperation.

Rubongoya stated that each time party officials visited NUP supporters at Luzira prison, they were informed of the immense pressure they faced, with the alleged ultimatum being either to plead guilty or face indefinite detention.

“Throughout their time in jail, our supporters were never given a proper trial. They have been labelled as criminals rather than political prisoners. Our consistent plea has been for the state to provide evidence so that the accused can defend themselves,” Rubongoya said.

He further alleged that the NUP supporters’ abduction, incommunicado detention, and subsequent trial before the court-martial is widely known, with no one believing that the guilty pleas reflect actual guilt.

“The regime offered some of our sup- porters, like the Kikankane group, a deal to work with them in exchange for freedom. This is no prosecution; it’s persecution. But by doing this, they believe they are weakening the party, when in fact, they are only strengthening our support,” Rubongoya said.

DISPUTED CLAIMS OF NEGOTIATIONS

Rubongoya also responded to recent claims made by former leader of the opposition, Mathias Mpuuga, regarding NUP’s alleged negotiations for the release of certain supporters. Mpuuga had claimed on X (formerly Twitter) that NUP negotiated for the release of Eddie Mutwe and others, despite refusing to negotiate for the broader release of the party’s imprisoned supporters.

Rubongoya denied these claims, maintaining that the party has never negotiated for anyone’s release.

“We have always been clear—we have not negotiated for the release of anyone, now or in the past. These are people who have committed no offense, and instead of releasing them, they continue to abduct more,” he stated.

He added that the party remains committed to supporting its imprisoned members and their families, dismissing any notion that the party had abandoned its supporters. “These are our people, and nobody can detach us from them,” Rubongoya emphasized.

GOVERNMENT’S POSITION

State minister for Youth and Children Affairs, Balaam Barugahara, responded to the guilty pleas by some NUP supporters, saying the admissions vindicated the government. He pointed to Olivia Lutaaya as one of the first to confess, suggesting that her admission exonerated the government from accusations of wrongful imprisonment.

“Lutaaya was among the first to say, ‘I committed the crime.’ This has cleared the government of accusations that she was jailed for nothing,” Barugahara said. He further urged the court to give lenient sentences to those who pleaded guilty, emphasizing that they had not wasted court time.

Barugahara also indicated that he would appeal to President Yoweri Museveni to consider pardoning those who have admitted guilt, stating that their reintegration into society would allow them to contribute to the country’s development.

“I will not stop at that; I will appeal to the president, just as he has pardoned others in the past, to pardon these young people so they can be incorporated back into society,” Barugahara said.

The guilty pleas and subsequent public debate highlight ongoing tensions between the NUP and the government, as well as concerns over the judicial process in politi- cally charged cases.

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