Why Army court withdrew charges against Bobi Wine

The General Court Martial sitting in Gulu on Thursday morning in a surprise move dropped charges against Kyadondo East Member of Parliament, Robert Kyagulanyi, also known as Bobi Wine.

Kyagulanyi who was arrested last week from his hotel room at Pacific hotel in Arua after almost 12 hours of hiding, following accusations of mobilising a group of youth to attack President Museveni's motorcade.

He was later on August 17 charged with two counts of illegal possession of fire arms and live ammunition contrary to section 3(2) (a) of the Fire Arms Act 299.

According to the army charge sheet, Kyagulanyi, 36 is a person subject to military law by virtue of section 119 (1) of the UPDF Act 2005.

Following, the legislator’s arraignment in the military court, a number of people protested against the move, accusing government of planting the guns to frame him.

Many took to social media to express their discontent over the charges brought against the legislator cum musician.

His lawyers too, protested against the charges saying they were politically motivated to frame him.

Speaking to the Uganda Human Rights Commission, Nicholas Opiyo insisted that there had been attempts by the state to force a group of five police officers in Gulu sign search certificates indicating the Kyagulanyi had been found with two guns in his hotel room.

The Uganda Human Rights Commission chairperson Med Kaggwa promised to investigate the matter.

Barbara Itungo added her voice to condemn the state’s decision to slap charges related to unlawful possession of fire arms.

“My husband has never applied for a gun, never owned one, he has never had training in gun possession and in gun use. I think he does not even know how to assemble bullets in a gun,” she said in an interview.

“Even where we have businesses and security that is armed, he makes sure he advises security guards to never approach him when they are armed.”

Lawyer challenges trial

Meanwhile, early this week, Male Mabirizi Kiwanuka, a city lawyer rushed to the Constitutional Court challenging Kyagulanyi and other civilians’ trial by the army court.

Section 119 (h) states that every person found in possession of arms, ammunition or equipment ordinarily being the monopoly of the defence forces or other classified stores as prescribed by the law is subject to military law.

“The actions of UPDF to charge Hon Kyagulanyi also known as Bobi Wine before the General Court Martial sitting at Gulu UPDF 4th Division headquarters as a person subject to military law with an offence under Section 119 (1) (h) of the UPDF Act, are inconsistent with Articles 8A, 20 (1), 20 (2), 21 (1), 22 (1), 28 (1), 44 (c), 126 (1), 128 (1), 128 (2), 129 & 210 of the Constitution,” Mabirizi said in his petition on Monday.

“Section 119(1) (h) of the UPDF ACt 2005 subjecting non-members of UPDF to military law because of merely being in possession of a fire arm which is a monopoly of the defence forces is inconsistent with the provisions of the Constitution.”

Mabirizi argued that civilians who compete for political space with the commander-in-chief of the UPDF, in the current formation, were at a risk of being framed with charges making them subject to military law and tribunals which are neither impartial nor independent, but with powers to sentence such politicians to death or life imprisonment.

Bobi Wine’s photos

Meanwhile, all this time, no photo of the Kyadondo East legislator had got its way to the public domain since his arrest, day later.

It had been alleged that he had been badly beaten during his arrest and that his face was swollen.

“I was among the first civilians to see Bobi Wine in Gulu but when I saw him, I broke down because what I saw was unbelievable. He could not stand neither sit. He could not understand what was going on,”Asuman Basaalirwa, one of Kyagulanyi’s lawyers told UHRC.

Meanwhile, Museveni refuted the claims that the lawmaker had been tortured and said he was in good health and that he had never been injured.

“I decided to check with army doctors because, being a disciplined army, UPDF doctors always take precautions in such situations. Bobi Wine had already been seen by doctors in Arua, Gulu and Kampala. He has no head or chest injuries or bone fractures, they informed me,”Museveni said in a statement.

Museveni said the narrative that Kyagulanyi had been beaten was fake news.

Later on Wednesday, the army released the first photo and video of the legislator smiling after being visited by Deputy Speaker of Parliament Jacob Oulanya.

The president later in another missive said he had no power to release the lawmaker.

“The President of Uganda does not have such powers. Once somebody is arrested, charged and remanded, it is only two authorities who can release such people in any way,”Museveni said in his statement on Wednesday.

Army drops charges

However, in a twist of events, the army on Thursday morning dropped charges against Kyagulanyi.

He had returned to the General Court Martial sitting at the Fourth Division headquarters in Gulu for the mention of his case and the state’s update on the progress of investigations.

“I have instructions that the proceedings before this court under Regulation 65 of the Uganda Peoples’ Defense Forces procedure be terminated and the accused person be released henceforth,” the army prosecutor Maj.Raphael Mugisha told court.

However, according to a letter dated August 22, the Director of Public Prosecutions Mike Chibita asked the Judge Advocate of the General Court Martial to discontinue charges against Kyagulanyi in the army court.

Chibita said the charge sheet for 32 other people including MPs Kassiano Wadri, Gerard Karuhanga and Paul Mwiru among others had been amended to include Kyagulanyi.

“It is my understanding that the two cases originate from the same set of facts and it would amount to double jeopardy if Hon. Ssentamu is tried in two separate courts over cases that originate from the same facts,”Chibita’s letter says.

“Please consider letting him face trial in the High Court rather than before the Court Martial.”

Lt. Gen.Andrew Gutti, the court chairman would later drop the charges before setting Kyagulanyi free.