Uganda Civil Society Organization File Amicus Curiae Motion to Join Presidential Election Petition No. 1 of 2016 (10.03.2016)

CSO Join Petition 10.03.2016

On March 10th 2016, civil society organisations filed an amicus curie motion to join the presidential election petition. The organisations have interest in the petition because it raises important questions of public interest; whether the general elections were conducted in a manner representative of the will of the people.

The admission as amicus curiae will serve the interest of justice and enhance participation of people of Uganda not otherwise represented. The civic duty to engage in matters of public interest is enshrined in the 1995 Constitution; civic organizations are especially charged with the responsibility to engage to protect constitutionalism, human rights and democracy.

The organizations that join this application are mandated by their missions to do civic engagement on matters of interest to citizens. As organizations working on human rights, their responsibility extends to matters of the rule of law and accountability to citizens of Uganda who are the voters in every election.

The applicants are members of the civil society coalition that was accredited as election observers in the 2016 general election under the framework of the Citizens Election Observers Network (CEON-U) and the Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU).

Civil society organisations observed electoral processes prior during and after the Presidential elections along side convening voter mobilization campaigns. The organisations therefore possess valuable, credible and verifiable information on the elections, which will enrich the Court’s consideration of the presidential election petition.

The organisations include: Foundation for Human Rights Initiative (FHRI), the Uganda Association of Women Lawyers (FIDA Uganda), Chapter Four Uganda, Human Rights Network Uganda (HURINET), Centre for Constitutional Governance (CCG), Kituo cha Katiba (KcK), Legal Aid Services Providers Network Uganda (LASPNET), and Transparency International (TI).

Contact for more information:

Dr. Livingstone Ssewanyana, FHRI: 0752791963

Hon. Irene Ovonji-Odida, FIDA Uganda: 0772701488

Mr. Crispy Kaheru, CCEDU: 079444401 or 0772332747

The Electoral Commission letter to Mbabazi Lawyers on inspections of DR Forms (10.03.2016)

EC Registar Court Document

Statement by Mabarizi: “When the victim is to blame” (10.03.2015)

Mabirizi Debate16

1. When my brother Kizza Besigye bandaged his hand after he was shot by a rubber bullet in his finger during the walk to work protests of 2011, a government minister said he was lying – that “he was using the bandage and arm sling to attract sympathy”.

2. When Police undressed FDC Women leader along Masaka Road on her way to Rukungiri, police said she had “undressed herself”.

3. At the start of my presidential campaign in Busoga,when I was abducted my men in military uniform never mind that I was under the watch of 11 counter terrorism policemen who had been placed to guard me 24 hours a day even as I use the bathroom, “They said I had kidnapped myself. That I was a comedian”.

4. When armed personnel broke into my brother Amama’s petition lawyers’ offices they say it was an inside job; “that the lawyers broke into their own offices and stole their own computers and documents..

Lets wait to see who abducts himself next.

You cannot fool all the people all the time.

For God and my Country.

Elton Joseph Mabirizi

ULS Statement on the Harassment and Intimidation of Lawyers (10.03.2016)

ULS 10.03.2016

Press Release “Police counter the Alleged role in the Break-In of Mbabazi Lawyer’s (09.03.2016)

Muwema 09.03.2016 Police

Despite the continuous claims by the former Go Forward Presidential Candidate, Hon. Amama Mbabazi and his legal team, that police officers were involved in the double office break-ins, during which sensitive documents of evidential value were stolen on the eve of their next appearance before the Supreme Court, from a supposedly secure office, with all round security protection.

What’s interesting is the ease with which the Go Forward team concluded that men in police uniform jumped over the wall fence and broke into the offices of the lawyers representing former Presidential Candidate Hon. Amama Mbabazi, without any forensic linkage.

To put things straight, the Police registered an alleged case of abduction from Wasswa Nicholas, a company driver of Protectorate SPC Company Ltd, to the prejudice of Okello Francis the car commander, at Wandegeya Police Station, under case Ref: SD 05/09/03/2016 by unknown persons at around 3.55 am. It was not a case of Office Breaking and Theft. In his account he clearly states how they got an alert at the Protectorate SPC Headquarters, from their guard at Counsel Mohammed Mbabazi’s premises, to which they were dispatched with him as the driver and Okello Francis as the car commander. He adds that they drove unknowingly straight into the premises located about 300 meters behind Wandegeya Police Station, and fell into the ambush.

Muhammed Mbabazi 0903.2016

During the process, the car commander who had jumped out of the car to establish what was wrong was instead abducted together with the guard, bundled into a waiting car, driven around till when the two were allegedly abandoned by the alleged kidnappers at Kyebando, a city suburb. The driver, Wasswa Nicholas, who had remained in the company car, took cover, and after the disappearance of the alleged abductors, proceeded to report a case of alleged abduction at Wandegeya Police Station. He did not indicate the abductors as men in police uniform.

It was in the morning that Counsel Mohammed Mbabazi, upon learning about the alleged Office Breaking and Theft, chose not to report the case at Police and instead widely publicized the alleged incident in the media. He even blocked the Police from accessing and documenting the scene, before he diluted it by tampering with the remaining office items which he removed, cleaned and replaced. The team of investigators went to Kololo and documented the crime scene at Fred Muwema and Company Associates, where fingerprints were lifted from the doors for further forensic analysis.

The incidents remain one of the most interesting, since those involved displayed utmost courage and a detailed knowledge of the office premises, targeted materials of evidential value on the eve of the Supreme Court hearing, and beat the security detail at the two premises with ease.

We want to make it very clear, that until the Police is forensically linked to the double Office break-ins and theft, it has nothing to do with the offence. The fact that the Go Forward team openly chose to accuse the police of responsibility, clearly conveys the “dirty tricks” by them. The Police will not be used as a scapegoat and will not accept responsibility for the working out of the Go Forward Agenda.

CP Fred Enanga

Press and Public Relations Officer

Uganda Police

9.03.2016

Letter from IGP to Supreme Court: “Re: Alleged Arrest of Witnesses in Election Petition No. 1 of 2016” (09.03.2016)

UPF 09.03.2016

Resurrection of rebellion surfaces; while now the SUN sets on the NRM-Regime; And the disregard of justice and the Power-Vacuum created by this announcement of election results; creates distance between the Executive and the People!

Kapchorwa March 2016

This here is worrying signs in the times as people have fled their homes in Bundibugyo district, the violence that spark in Kasese, the intimidation in Kaabong amongst the Karamojong. The situation of house arrest of Dr. Kizza Besigye, the harassment of FDC officials and the FDC agents detained, and the witnesses of the Go-Forward Group in the same predicament. While the army is still heavy deployed and the police is still in anti-riot gear. The FDC headquarter in Najjankumbi has been raided and staff been detained to take Declaration Results Forms. That is the main reasons for the troubles of Go-Forward and FDC.  

The worrying is the escalation with a rebel group official starting to attack President Museveni under their leader “Maii Moto” went and attacked the Police Station in Kapchorwa. Even reported that the “We, Save Uganda Now” (SUN) has taken responsibility for the attack on the 5th March 2016. As even seems to be two battalions and also having UPDF deserters. That is worrying sign, because the UPDF is very professional and well-trained therefore used in operations in Somalia, DRC and Central African Republic. They have even entered South Sudan and reported that certain parts were in Burundi right after the election in 2015. Therefore that UPDF army men leaving the fold and be parts of rebel group, says enough.

Petition 01.03.2016

This election has left lot of stones to turn as the continuation of fraud surface and the ways government has handled the elections and the aftermath. We see now the historical artifact surface after a hampered and rigged election. It is not enough how the announcement of the result happen on the 20th February from the Electoral Commission and the question of the existence of a National Talley Centre. The end game is strange and charade at the Supreme Court.

That a rebellious group as the SUN has surfaced should be worrying with mentality that the NRA came to power, as in previous times the ADF-NALU has made violence in the Rwenzori-Region and the LRA in Northern Uganda. Both of the other groups are now at other places and fought back by the UPDF, still they exist and torment of citizens in Democratic Republic of Congo and Central African Republic. They are all reactions to the regime of President Museveni. As the newly formed SUN; that SUN exists and already have created casualties in Kapchorwa. That is not a great look into the start of a new term and sworn-in. knowing that people are starting to use the same format and the same guerrilla and bush-war mentality as you did in the 1980s.

Wandegye Kampala 15.02.2016 FDC P2

It should be worrying already with the men killed after demonstrations, the hurt men after the tear-gas and live-bullets, the detaining and the shunning level playing-field and used the government institutions to achieve yet another “victory”. Not that it is legitimate or correct as the mourning proves and the way people showed up at the rallies of the opposition and the way they was ferried to President Museveni.

There certainly things brewing who is not well established, with the arbitrary laws and creating the Crime Preventers, while mixing the powers of the army and the police in joint operations while carrying out unlawful house-arrests and detaining opposition. It is in this territory that the SUN guerrilla and rebels shows up and shoots up a Police Station in Kapchorwa. Where they pick up guns and kills a police officer. In 1981 the NRA went to Kabamba in Mubende to gain strength and secure guns and ammunition for their bush-war.

Mbarara Buses 12.01.2016

For a man who knows this tactic, for a President, who gained force in this way and created a atmosphere of invisibility and maneuvering between guerrillas and government army, while regenerating public support his cause. That must be a worry for the man who has called the people of Kampala rats for voting opposition, blaming opportunists MPs and claiming that he is the only one who can keep Uganda safe. In that picture with the recent deaths, fleeing people and the tension proves that something has occurred and a mentality has changed. As the UPDF, UPF and other security outfit has more work than claiming the P10 of the FDC is an illegal branch who should be dissolved. As they don’t carry guns or create violence. They should fear the SUN guerrillas and rebels who have been created to work against President Museveni. As much as he should not underestimate them as the President Obote did in his time and how the rippling effect it does have, and knowing the main target is to take out NRM and their President Museveni after 30 years in power.

This here is not a wished picture or something anybody wants to see, as I have before explained the similarities between the election in 1980 and even how Dr. Kizza Besigye has been worked against is similar to then Presidential Candidate in 1996 – Dr. Paul Ssemongerere. There is vicious ways of the government operations and the ways they operate has generate a ghost or a reaction that is not peaceful, even if the main opposition speaks of peaceful dis-obedience, as boycotting and not using NRM infused businesses and tax-collecting companies that gives the regime money to fuel their operations. That is decent way of doing so if they get it deliberately and get the public to eat in and take part of it. As the western nations started to shun products from South Africa when the Apartheid policy surfaced and the oppressive regime was taken the lid of. Then the public started to buy the same products from other sources instead of giving the tax-money to South African and South African producers. That is what FDC and other opposition powers are talking. In the political climate now, that is sustainable, as long as the public actually does it. Citizens who show their disregard of the ruling party and their rich elite who keeps them there; therefore the natural reaction would be to stop using MTN or other big business that serves the government right now.

Enage 02.03.2016

The SUN is another type of reaction and their attempt and even start proves the liability and weakness in the army and the police as they could ambush the Police station. Even Police Spokesmen Fred Enaga claimed they we’re “mastermind” and this is a Police Force who prides themselves in intelligence and gathering information while detaining people preventative arrests and takes them to jail before the actions are done; as they fear people doing crime or creating chaos. As they have done ever since creating the Anti-Besigye Act or the POMA.

The SUN group uses the same device as the NRA did and already cleared one police station in the midst of the heavy deployment of army, roadblocks from central Kampala and out to Kasangati, the UPDF who supposed to keep things tight-knit and together with the police make sure no post-election happens, even as the violence hits Soroti, Kasese, Bundibugyo and now Kapchorwa. This is inflicted and notion of the intent from the government as they secure their own men and the handpicked men of the NRM, as they have ruled without to many questions since 1986. They been backed by the United States, Russia, Libya and other powers to secure a strong army and rebuild the country after bush-war. Now they are returning into the same landscape they fought to get rid of. As the Police standby while lawyers who work on a petition to question the legitimacy of the recent election is getting raided. While the evidence getting lost. This violent disregard of justice and double-standard; can fuel the men of SUN. Not that we want that, but we have to understand that.

FDC HQ 19.02.2016 Police Siege

As the killings and guerrilla warfare is not wished. But it happens when oppressive regimes and totalitarian regimes cremate the skeleton of sham elections, sham government and sham funding of government facilities, the loss of accountability and transparency; where everything is circulated amongst one man and his cadres. We can see that is the exposure and the clarity of the government institutions right now. They are all centered toward the executive and his decisions, as the IGP Kayihura has said he “follow orders” and do that without thinking. While before election Generals of the Army together with MPs said they feared going against the President Museveni. This here was put on wax and said to Daily Monitor. There was even reported that it was fear of defacing campaign-posters of him, as the poster represented the President.

When you are in this state and in the climate between people and leaders, when the MPs, Generals and IGP fear the President and would follow his command as a fear of losing the position he has “given them”. Then can have a deteriorating effect and make people kneel and speak as they want to think like the Executive, instead of building to creating a better government, as that is not important as much as clearing the state. Make sure that the state, parliament and government institutions can surely serve the Executive and not the people. The reason why the election became like it was and the excuses and tragic outcome, as the silence and the meager display of confidence in the regime; with the reaction as people tarnished Uhuru Kenyatta of Kenya as he was first to congratulate President Museveni. In this sieging of the people’s will and the open stealing of ballots, has made certain bubbles to burst.

NRA marching to Kampala 1986

As it now seems as certain army deserters actual becomes a part of a guerrilla or militia, even an armed rebel group. That should be worry, even as it is nothing new in the history of Uganda, and the ability of UPDF to shut-down rebellion, though this time they might play it differently and the people might not celebrate the governmental army as before, because of the longevity of the bush-war that created the NRM and the longevity of President Museveni. It would be special if a guerrilla of his own trained deserters would bring him down, as he has never chosen peace or taken defeat as a leader, instead always blamed other people for his failure or opposition for destroying good policies. The SUN might be a little mosquito right now, I am sure Obote at one point didn’t take the runyankore upstart seriously, even if had been defense minister at one point, and been a part of the armed battle together with him battling Idi Amin. He was still sure together with Tanzanian army would be able with UNLA to destroy NRA. Something he didn’t as they could hide easy and move quicker than the government forces while tactically outmaneuver both other rebel forces as Dr. Kayira his Uganda Freedom Movement (UFM) and other ones. So secure the loyalty from the Baganda Kingdom and take Kampala and be sworn-in in 1986. This is something the NRM knows and should worry that they are doing the same as the men they got rid of in 1986, they even seem to have done certain murders that came to the surface in December 2015 by the shores of Lake Victoria, as the Police has not given the public any answers to the crime or given any indication of knowledge on the Christopher Aine case. And the months are rolling and the next swearing in of President Museveni together with his loyal Presidential neighbor’s and President Mugabe, as he will cling to power by any means. That means the army and police will use their guns and the tear-gas, operation to raid opposition offices, even lawyers offices and detain witnesses to keep silence on the electoral fraud that happen on the 18th February 2016.

Obote

Somewhere is Dr. Milton Obote shaking his head together with Yusuf Lule and Dr. Paolo Muwanga who did their business at one point of time in the Ugandan history. Now, this period will be historical for the disarray and measly display of arrogance from the NRM-Regime while the nature of business is shaping the results with the iron-fists, instead of democratic means or justice, as the concern of rule of law does not care for anything else the rule of power. The answer to this is the resurrecting of ghosts of the Ugandan history. Guerrilla and rebels to the government and their ruling; that it happens now show how deep down and little regard the government has for the people. That the Government of Uganda, President Museveni has made the people his enemy and created a big vacuum as the people feels betrayed by their Executive, this has led to people and UPDF deserters to start a rebellion and a guerrilla under the name “We, Save Uganda Now” (SUN). And the violence has been released unto police men in Kapchorwa days ago, as the Police and army, together with other political forces has created similar outcomes in Bundibugyo and Kasese. To many dies for too little as the Executive continues to suppress his own people and take them for granted. Peace.

Amama Mbabazi speaks on arrest of petition witness and burglary at lawyers’ offices (Youtube-Clip)

Amama Mbabazi addresses the media and talks about the cases of alleged police raid on his lawyers’ offices in which materials and evidence linked to the election petition were stolen. Mbabazi also briefly addresses reported cases that some of his petition witnesses have been arrested or are being harassed by police” (NTV Uganda, 2016).

Letter to Supreme Court: “Re: Election Petition No. 1. of 2016” (09.03.2016)

Supreme Cout 09.03.2016 P1Supreme Cout 09.03.2016 P2Supreme Cout 09.03.2016 P3

Harassment of the opposition: Offices of two of the lawyer’s was raided last night; they just happen to work on the Mbabazi Presidential Election petition in the Supreme Court; while witnesses who saw the electoral fraud get’s detained!

Muwema 09.03.2016 Police

This here is not a beautiful view and a wonderful story of how a the oppressor change their ways, it is more of the same, as the NRM-Regime and undercover Police, or under Police supervision has raided two of the lawyers of Go-Forward Presidential Candidate Amama Mbabzi during the night.

The lawyers who has been attacked during the evening, lost their documents and their computers was Muhammad Mbaabzi and Fred Muwema, the ironic part is during the morning hours the media was arriving hours before the Police came back to the scene. After a long while they have sealed of the offices and the laywers are not allowed to enter into their own offices. As they are working on the Presidential Candidate Petition on the election fraud of Presidential Election during February!

This here is the continuation of violence against the opposition and their freedoms as they try to get rid of evidence showing the electoral fraud, as they have taken FDC officials and FDC agents with Declaration Results Forms from the polling stations, now they take the offices of the lawyers as a continuation of the oppressive methods of the ruling regime. Here are today reports and they are bleak!

“Mbabazi lawyer Basalirwa: “We’re taking a constitutional path by going to court, unlike Museveni who went to the bush” (NBS TV Uganda, 2016).

Lukwago 09032016

Statement by Lord Mayor Erias Lukwago on today’s actions:

“My colleague in the profession and a personal friend, Muhammad Mbabazi, requested me to pass by their chambers this morning to share with them the relevant evidence in my possession regarding the impugned sham election. I was, however, treated to a rude shock to find their entire firm in disarray as unknown assailants ransacked it last night. Surprisingly, the security agencies had not cordoned off the scene of crime, neither were they deployed in the vicinity yet Wandegeya Police station is a stone throw distance away. This strange conduct of police, who, ironically, pitched camp at the residence of the Dr. Besigye ostensibly to ward off crime, renders credence to the school of thought that the police are culpable. God save this country”

Muhammed Mbabazi 0903.2016

Daily Monitor reports:

“The offices, one on Acacia Avenue in quiet and leafy Kololo and the other on Buganda Road in Kampala, were reportedly broken into at about 3am” (…)”Mr Mbabazi said the police should explain what exactly happened at his office. “The police were seen to have come here. They came, they broke [in and] they took away whatever they took. So I report to whom? They should be the ones to come and tell me ‘we came in, we didn’t find you then we broke in’,” said Mr Mbabazi during a televised interview an hour ago. At the time of filing this story, the police had not yet established the circumstances under which the office was broken into, despite it having private guards” (…)”Mr Patrick Onyango the Kampala Metropolitan police spokesperson when reached for a comment, said: “We have sent our officers to establish what exactly happened. I cannot comment on that matter before I get a report.” (…)”According to one man who claims to have witnessed the incident, about 30 people were involved in the break in. “They were about 30. It is those who were in plain-clothes who entered; the [uniformed] police watched from the sidelines,” the man claimed. The burglars reportedly came with a ladder, which they placed by the perimeter wall to climb over the wall” (Wesonga & Kato, 2016).

Muwema & Co 09.03.2016

Another laywer got a break in:

“FULL STORY: “The police were seen to have come here. They came, they broke in, and took away whatever they took. So I report to whom? They should be the ones to come and tell me ‘we came in, we didn’t find you then we broke in’.” According to Mr Asuman Basalirwa, another of Mr Mbabazi’s lawyers, the team spent much of Tuesday receiving witnesses they will call upon to testify for the Amama Mbabazi petition against the election of President Museveni (Daily Monitor, 2016).

Unconfirmed but believable reports:

“Personnel of SPC Security told Mbabazi that around 3am, about 30 uniformed policemen raided the offices. Their plainclothed colleagues broke in and took computers and documents. The alarm went off and the SPC Security Quick Reaction Force soon arrived. They were arrested, badly beaten up and are now hospitalized”

The other break-in:

URN: “Fred Muwema Kololo offices sealed off after early Wednesday morning break-in. Muwema’s office is located in Kololo, Acacia Avenue, opposite Metropolitan Hotel. Muwema is one of the lawyers handing the presidential elections petition filed by Amama Mbabazi challenging the results of the February 18, 2016 elections” (URN, 2016).

“Fred Muwema, also Mbabazi lawyer had his office broken into. No one allowed in as they wait for police to get here” (NTV Uganda, 2016).

Muwema 09.03.2016 Arrives

 “Fred Muwema arrives at crime scene where his law offices were broken into” (88.2 Sanyu FM, 2016).

“Police continue investigations on Muwema law offices break in, senior partner confirms several PCs were stolen” (88.2 Sanyu FM, 2016).

Arrested witnesses of Electoral Malpractices:

“Basalirwa said yesterday that at least 12 witnesses, who had travelled from five Busoga districts, were arrested as they arrived for a meeting at Mbabazi’s Kololo residence” (…)”When they arrived, police officers came and asked them where they were going, and when they mentioned that they were witnesses in Mbabazi’s petition, they were bundled onto a police patrol truck and a Super Custom and driven to Kireka [Special Investigations Department headquarters],” Basalirwa told The Observer yesterday” (…)”We reported last week [that] six polling agents were intercepted on February 29; they were polling agents from Nabweru and Kakiri in Wakiso district, and were heading to Kololo [Mbabazi’s residence] in a Toyota Noah registration number UAP 710N and in possession of original declaration of results [DR] forms. They have since gone missing, and the DR forms which were part of the evidence for the election petition are also missing,” Nakaweesi said” (…)”Such acts are meant to destroy credible evidence that supports the petition and also intimidate witnesses and other conscious citizens who want to submit such evidence,” Nakaweesi said”  (Kaaya, 2016).

I think the stories speak for themselves as the lawyers who works for Amama Mbabazi are stifled by Police and the men honoring the President as he does what he can to dissolve rule of law in the name of Museveni, as he is the law and the ruler, allowed to do as he please while the other people have to obey him. As it seems, Amama Mbabazi continues to work against the machine of ruling party. With taking the witnesses to prison while now raiding the lawyer’s offices and then sealing them off. This is a sad day, see how far the government has sinks in respecting other people and even the men who works for obeying the laws and defend the rule of law.

This is a way of the ruling party to dissolve the petition and spread fear, as they are known for and this is a continuation of it. Peace. 

Reference:

Kaaya, Sadab Kitatta – ‘Arrested Mbabazi witnesses in Jinja’ (09.03.2016) link: http://www.observer.ug/news-headlines/43002-arrested-mbabazi-witnesses-in-jinja

Wesonga, Nelson & Kato, Joseph – ‘Burglars break into Mbabazi’s lawyers office’ (09.03.2016) link: http://www.monitor.co.ug/News/National/Offices-of-Mbabzi-s-lawyers-broken-into/-/688334/3109066/-/34o1ae/-/index.html