But Gen Tumwine’s stewardship injected an overdose of drama that included the arrest and imprisonment of lawyers and journalists in his court. While the court handles very many cases, a string of high-profile cases involving ranking army officers gripped the nation and hogged media attention during Tumwine’s time.
Gen Tumwine tried Brigadier (now Lieutenant General) Henry Tumukunde (accused of spreading harmful propaganda), Major General James Kazini, and Col Kizza Besigye who was accused of treason. Besigye was charged with treason in 2005. During his tenure, Gen Tumwine was known for late coming, absenteeism, and harshness.
Interviewed then, Tumwine told The Observer that he skipped some court days or came late at times because he was deployed at both Makindye and Kimaka, Jinja, where the army’s senior staff college is located. Tumwine denied that he was harsh to civilian lawyers during his time as the general court-martial chairman.
“I don’t see how civilians could guide me but it is true some lawyers were arrested and charged with contempt of court. Whatever those civilian lawyers are telling you is arguable,” he said.
One time Tumwine terrorized a couple of journalists in his court. On June 19, 2004, Tumwine charged and convicted six journalists including The Monitor Managing Editor, John Baptist Wasswa, and New Vision Editor-in-Chief William Pike of contempt of court.
The editors and their reporters, Solomon Muyita and Jennifer Nakalema from The Monitor and Maurice Okore and Steven Candia from New Vision were first detained for over three hours on orders of the court chairman, Lt Gen Elly Tumwine.
They were detained for publishing what the chairman deemed a not-so-flattering story about a closed court session he presided over. Interviewed for this story, John Baptist Wasswa said Tumwine summoned them to the court and demanded to know the source of their story. When they declined to reveal the source, Tumwine decided to charge and try them summarily for contempt of court.
John Baptist Wasswa said it was such a scary experience to be tried before the court martial.
“I think Tumwine wanted to look tough before the public. Tumwine was not a bad guy. He later called me for a cup of coffee at Nommo Gallery and we met several times over different things,” Wasswa said.
Tumwine managed Nommo Gallery for many years.
“It was very scary to be paraded before the Court Martial. I think we were the first civilians to appear before the Court Martial. Luckily we sorted it out. I think it was out of anger. Tumwine’s actions fit in that narrative that he was a very tough guy…,” he said.
Wasswa said the case was heard, and a ruling made.
“Tumwine was the prosecutor and judge; he was everything in that court. We got lawyers and we were sentenced to a fine of Shs 1,000. I remember it was Robert Kabushenga (then corporation secretary of New Vision) who paid for us.”
“Can you imagine terrorizing people like that? What we heard was that there was too much pressure from outside to parade journalists and editors before the Court Martial. We were four journalists, two from Monitor including Solomon Muyita and others. It was really not necessary because he was accusing us of contempt of court that we published things that he said shouldn’t be published.” he said.
“That was a public interest case. They were prosecuting the former Chief of Staff Brig Nakibus Lakara and they wanted everything off camera and we thought it was a public interest case. That is how it was,” Wasswa said.
Besigye appears before Tumwine
In one remarkable session in 2011, lawyers Erias Lukwago and Caleb Alaka, while appearing on behalf of Besigye, were arrested, tried, and convicted by Tumwine’s court for contempt of court. Tumwine sentenced the duo to a fine of Shs 1,000 in default of which they would be imprisoned for two weeks. That was classic Tumwine at work.
According to one opposition FDC official, the party’s founding president Kizza Besigye had just returned from exile on October 26, 2005. He was arrested on November 13, 2005. Before he was nominated on December 13, 2005 as the presidential candidate for the 2006 elections while in Luzira, he was represented by his wife Eng. Winnie Byanyima and FDC leaders, who displayed his photos in an empty chair.
He had been charged with treason alongside 22 others including his late brother Joseph Musasizi Kifefe. They were accused of masterminding rebel attacks under the alleged People’s Redemption Army.
On that day, President Kizza Besigye was driven from Luzira maximum prison to the court martial in Makindye yet he was slated to be at the High court to present his bail application. According to FDC, the court martial wanted to charge Besigye with the same offenses and keep him on remand as President Museveni was campaigning.
In the dock, the chairman of the court martial General Tumwine read for him the charge:
“Colonel Kizza Besigye and 22 others, you conspired to overthrow the government of Uganda using arms. Are you guilty or you are not guilty?”
Besigye looked at him angrily without saying a word. Gen. Tumwine repeated the charges and called for a plea but Besigye kept quiet. Then Gen Tumwine switched to Runyankore, “Iwe Besigye, oine amatu nohurira ninga tokuhurira?”(meaning; Besigye, do you have ears? are you hearing or you are not hearing?)
The whole court burst into laughter. This angered Gen Tumwine. Counsel Erias Lukwago interjected: “My client does not recognize this court. That’s why he can’t enter any plea.”
“Why are you speaking for him? Can’t he speak for himself?” Tumwine said.
“But I am his lawyer,” Lukwago said.
Gen Tumwine then said, “Do you know that I can sentence you for that?”
Lukwago said, “You can’t sentence me. You would have to charge me, try me, convict me and then sentence me. But as an officer of the court, I have immunity here.”
An angry Tumwine ordered the arrest of the three; Erias Lukwago, Caleb Alaka, and another colleague. Each was asked to pay a fine of Shs 1,000 or spend three months in Luzira. The lawyers vowed not to pay the fine but to go to Luzira.
Besigye was taken to the High court but the case didn’t take off. He told the judge that his lawyers were sent to Luzira by Tumwine. One FDC official mobilized Shs 3,000 for the three lawyers and sent it to the court martial and the lawyers were released.
Tumwine also tried the late Maj Gen James Kazini for creating ghost soldiers on the army payroll. He was the 25th suspect to appear before the court over that matter, which was regarded as subversion. Tumwine did not spare Co.l Poteli Kivuna either. He was also tried for creating ghost soldiers on the army payroll.
During his term, Tumwine was regarded as the army court chairman who lacked a firm grasp of the law. Tumwine also tried Gen Henry Tumukunde for spreading harmful propaganda.
Tumukunde, also a lawyer, challenged Tumwine’s competence to impartially steer the army court. He accused him of participating in the meeting of senior military officers which recommended Tumukunde’s trial.
Brig Henry Tumukunde, the former Internal Security Organisation chief, was sentenced years later to a severe reprimand after being found guilty of conduct prejudicial to good conduct and discipline of the army.
Interviewed at the weekend about Tumwine by Daily Monitor, Lt. Gen Henry Tumukunde said the general believed in himself and whatever side he took, whether right or wrong, he would believe it was the right side. He also described Gen Tumwine as a good writer and designer.
“He showed me like 10 designs for the UPDF uniform and to me, they looked the same. I told him that whatever he chose would be the best for us,” Tumukunde said.
Tumukunde said the fallen general once reminded him about what happened to him in the General Court Martial. “He told me that if it was him, I would still be in Luzira prison because I didn’t have proof but I got his answer; maybe it could be the truth,” Tumukunde said.
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