UGANDA: Aronda sued over coup comments

By  Charles Mwanguhya Mpagi

The Chief of Defence Forces, Gen. Aronda Nyakairima, has been dragged to court over a statement he made, warning that the army could be forced to take over power if politicians do not change course.

The petition filed at Nakawa Magistrates Court is based on an affidavit sworn by Luweero Woman MP Brenda Nabukenya, who wants Aronda charged with three counts of treason.

He faces charges of treason related to contriving a plot, by force of arms to overthrow the Government of Uganda as by law established contrary to Section 23(1)c of the Penal Code Act. The CDF is also accused of treason through intimidating and inciting the military against the institution of Parliament, contrary to Section 23(2)a.

He is further accused of inciting officers and men of the Uganda People’s Defence Forces to commit an act or acts of mutiny and treachery. 

Gen. Nyakairima stands accused of having committed the said offences during a press conference at the Army Headquarters, Mbuya, on January 23.

Ms Nabukenya avers that she has been advised by her lawyers that the CDF’s comments amount to criminal offences, including inciting the army to commit a crime, treason, offences against the State, concealment of treason and terrorism.

Mr Caleb Alaka of M/S Alaka & Company Advocates is representing Ms Nabukenya, according to court documents seen by this newspaper. 

“We think there was an act of treason committed by the Chief of Defence Forces,” said Mr Alaka last evening shortly after filing the case. “This is an elected government, you cannot as army commander talk of a taking-over even if the President has spoken. The President cannot overthrow himself but the army can.”

Ms Nabukenya said she was compelled to petition the court following an outcry from her constituents in Luweero.

Submission

“It is a fact that I have filed a case. You know I represent the people of Luweero, the area that suffered most under the war that brought this government to power, and my people have been complaining to me, saying they fear a return to conflict. Beside the feelings of the people, it is against the Constitution to talk of overtaking the government,” Ms Nabukenya said. “There was a need for someone to come out and account.”

The petition is the latest twist in a growing dispute over the doctrine of separation of powers and the independence of Parliament, which goes back to arguments about corruption during passionate debate on the oil sector. 

This dispute escalated following the death of Butaleja MP Cerinah Nebanda on December 14, 2012.

In an affidavit accompanying the petition, Ms Nabukenya tries to establish a link between the death of Nebanda, the subsequent fall-out between the Executive and Parliament after a section of MPs questioned government handling of the investigation and its own role in her suspicious demise.

Ms Nabukenya’s lawyers said they plan to serve Gen. Nyakairima through the Permanent Secretary at the Ministry of Defence but it was not clear whether the petition had been delivered by press time.

Treason is a capital offence and attracts a maximum sentence of death upon conviction.

Source: Daily Monitor (30/01/2013): http://www.monitor.co.ug/News/National/Aronda-sued-over-coup-comments/-/688334/1679130/-/flfhv4/-/index.html