The republic of uganda in the supreme court of uganda at kampala

(a) Abduction of Hon. Okwir Rabwoni M.R:

On 20th February, 2001, the Petitioner was scheduled to campaign in Adjumani and Moyo District. He arranged to travel by air from Entebbe Airport, accompanied by the said Hon. Okwir Rabwoni and others. When, at about 1 0 a.m., they were going to board the aircraft hired for the trip, they learnt that the aircraft was not cleared by the airport authorities to take off. Shortly, Capt. Rwakitarate, an intelligence officer in the PPU, came with a demand that Hon. Okwir Rabwoni goes with him. The latter refused and there ensued a standoff for several hours. Finally at about 3 p.m., a large group of soldiers arrived at the airport and forcefully seized Hon. Okwir Rabwoni, dumped him on a pick-up, and drove him away, while some soldiers sat on his head, chest and legs and others were kicking him. The Petitioner was obliged to abandon his campaign trip to Adjumani. Hon. Rabwoni was detained at the Military Intelligence Headquarters in Kampala, overnight. Upon release the following day, he remained at his residence under guard until he went to the U.K., apparently for medical treatment, and eventually he remained there in exile. The Petitioner was only able to communicate with him on telephone, during his apparent house arrest, and after he arrived in the U.K. The circumstances leading to this incident are subject of conflicting evidence. The Petitioner’s case portrayed the incident as one of high—handed intimidation of a high profile campaigner for the Petitioner, responsible for the all important sector of youth supporters and voters. The evidence in answer on the other hand went into detail to portray the said Hon.Okwiri Rabwoni as a spy for the Military Intelligence, planted in the Petitioner’s campaign team, whose cover had been blown, putting him in mortal danger, and who had, therefore, to be rescued, albeit by force, to save him from being killed on the trip to Adjumani and Moyo. I must say I did not find any credibility in the “rescue version,” particularly in light of the excessive force used to effect the arrest, and during his detention. However, I do not think that it is necessary to review the evidence on the encounters and exchanges between Hon. Okwiri Rabwoni and Maj. Gen. Tinyefuza and Col. Mayombo, because I did not find it material to the issue at hand. That evidence did not in any way explain let alone justify the illegal abduction. Whether Hon. Okwiri Rabwoni was a spy or double agent, or whether he had defected from the Petitioner’s camp, and then changed his mind thereby endangering his own life, did not mitigated the facts of the incident. The blatant facts were which not disputed at all, that Hon. Okwiri Rabwoni, regarded as an important asset to the Petitioner’s

campaign effort, was unlawfully, ruthlessly, and in public, stopped by the Military Intelligence, a Government agency, from continuing to campaign for the Petitioner for the remaining part of the campaign. That act and the manner which it was executed, were not only interference with the Petitioner’s campaign program, and violation of the victim’s rights, but must also have sent out signals of fear to the electorate who witnessed the incident or came to learn about it. The incident was utterly incompatible with a free and fair election.