Kampala, Uganda | The National Unity Platform (NUP) has announced plans to appeal a High Court ruling that dismissed their petition seeking accountability from the government regarding the disappearance of 18 party supporters. This announcement was made by NUP President Robert Kyagulanyi Sentamu, also known as Bobi Wine, during an emergency press conference at the party headquarters in Makerere Kavule.
Earlier this year, NUP filed a case in the High Court to compel the government to account for the missing members, who they allege were abducted by security operatives. The individuals include John Bosco Kibalama, Shafik Wangolo, and Martin Lukwago, among others.
In their application, NUP sought a declaration affirming that the government has a duty to disclose the whereabouts of the missing supporters, arguing that their incommunicado detention is unlawful and violates their fundamental rights under the 1995 Constitution of Uganda. The petition also called for compensation for the breach of constitutional rights and punitive damages.
However, on Tuesday, Justice Esta Nambayo dismissed the case, stating that there was insufficient basis for the declarations sought. The ruling noted that none of the alleged witnesses provided affidavits to support the claims, and that the evidence presented primarily came from relatives who were not direct witnesses to the arrests.
Kyagulanyi criticized the ruling, labeling it as another instance of the government using the judiciary to suppress justice for ordinary citizens and perpetuate impunity. He pointed out that evidence, including a list of missing individuals produced by former Internal Affairs Minister Abubakar Jeje Odong, was overlooked in the court's decision.
Kyagulanyi affirmed NUP's commitment to pursue justice at all levels, beginning with an appeal against the High Court's ruling. He encouraged the families of the missing individuals not to lose hope, emphasizing that the government's actions aim to demoralize those seeking justice.
NUP lawyer George Musisi, representing the families, highlighted challenges in providing evidence of the arrests, as many individuals were taken by plain-clothed gunmen. He expressed disappointment that the court did not accept their arguments, noting that some of the missing individuals had been detained alongside others who have since been released.
NUP Secretary-General David Lewis Rubongoya criticized the court's expectations for evidence, citing a previous case where Justice Nambayo required proof of torture before acknowledging the legality of a detention. He argued that such technicalities are used to obstruct justice for the party and its supporters.
