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

THE PPU:

According to the affidavit evidence of Captain Atwooki B. Ndahura, who was the Commander of the PPU in Rukungiri at the material time, the PPU was deployed in Rukungiri in advance of the President’s visit there in January 2001, as usual, he said, to prepare and secure the area for his visit on 16-01-2001.

Because the President would soon return to the District for another rally, the PPU soldiers under Captain Ndahura’s command camped at the State Lodge in Rukungiri Town. Army Commander, Maj. General Jeje Odong also said that the PPU stayed in Rukungiri to wait for the President’s return to that District. During the campaign period the 1 Respondent, who was the incumbent President and a candidate, visited many Districts throughout Uganda. This is indicated by the programme for Presidential campaign in the Districts, annexture “P.10” to the Petitioner’s affidavit filed with his petition. There is no evidence to show that in other Districts which the 1st Respondent also visited to campaign, the PPU also remained, camped, in those Districts to await his return there subsequently. A question to which I have no direct answer then arises, namely, why was the PPU stationed in Rukungiri throughout the electoral exercise and not only when the President was there? If the PPU was also stationed in other Districts to await the 1 Respondent’s subsequent visits after the initial visits, why were there no complaints in those Districts against the PPU’s activities as there were against their activities in Rukungiri and a couple of neighbouring Districts? Captain Ndahura’s affidavit evidence was also to the effect that the PPU camped at the local state lodge in Rukungiri Town and did not move out. I do not believe that evidence, because evidence from many witnesses, corroborating each other, as we have seen is to the effect that the PPU intimidated, harassed, threatened, and tortured many supporters of the Petitioner especially in many parts of Rukungiri and Kanungu Districts.

Harassment of members of the Petitioner’s campaign team continued throughout from the time the PPU and Senior District Administrators apparently began a deliberate process to prevent any form of support for the Petitioner in Rukungiri and Kanungu Districts. On 23-02-2001, the PPU confronted and fired at the Petitioner’s supporters, killing one of them, Baronda Johnson. As credible evidence shows this attack was against unarmed civilians and was completely unprovoked contrary to Maj. Gen. Jeje Odongo’s claim that it was the PPU soldiers who were provoked by the Petitioner’s supporters by pelting them with stones and sticks. Only a few other examples of similar conducts of the PPU need be referred to again. They broke up and dispersed meetings of the Petitioner’s agents and mobilisers, including rallies for and by Rwaboni, the Petitioner’s Chairman of the Youths and Students Committee. With or without the company of a Deputy RDC, they tore up the Petitioner’s election posters in Rukungiri, Kihihi, Kambuga and Kayonza. In Kanungu, together with GISO and Police, they arrested the Petitioner’s agents at meetings. At Kambuga, they beat up two of the Petitioner’s agents for mobilizing his supporters to attend Rwaboni’s rally. On polling day, PPU were deployed in some areas to “monitor” elections. The Commander of the PPU in Rukungiri called in a Petitioner’s agent in a Hotel and pointed a pistol at his head and told him that if anything happened to the PPU he would shoot the agent.

The night before polling day, PPU soldiers were distributed around homes of known supporters of the Petitioner. PPU soldiers buried one supporter of the Petitioner in a pit up to his neck; the commander threatened to shoot the same person. Another person was arrested by the PPU soldiers and thrown into a trench or pit (“Ndaki)” in an army barracks. The PPU also deployed, committed malpractices and offences at polling stations, contrary to the 1st Respondent’s contention that the PPU was deployed in Rukungiri and Kanungu to maintain law and order.

Evidence has proved that the PPU terrorized the Petitioner’s supporters in areas where they operated. As the witnesses themselves said in their affidavit evidence, the PPU struck terror in the minds of the Petitioner’s supporters by intimidation, harassment, arrest, detention, and torture, dispersing meetings etc. in order to discourage support for the Petitioner and to change support for the 1st Respondent. Again, as the witnesses themselves said, it was impossible to hold a free and fair election where the PPU operated.

Deployment of the UPDF for purposes of security, peace, law and order, etc

Before commenting on the activities of the UPDF during the 2001 Presidential Election process, I wish to first examine the propriety or otherwise of the deployment of the UPDF for purposes of the electoral process.

The functions of the UPDF are governed by article 209 of the Constitution, which provides:

“209. The functions of the Uganda Peoples Defence Forces are: