.....On the same day he claims that he was freed to make a statement disassociating himself from the Presidential candidate Dr. Besigye’s Task Force, in the presence of Major General Elly Tumwine, Major General David Tinyefuza, Maj. General Jeje Odongo and Lt. Col. Noble Mayombo, a statement which he later read to the press at Parliament Buildings the same evening. He claims that from 21st February 2001 he was virtually under house arrest at his residence in Bbunga, guarded by officers and men of UPDF under the guise of “state protection;” against his own candidate and supporters. On 27 February 2001, he claims he had to leave the country as he felt his life was in danger and he was currently living in the United Kingdom with his family. He concludes his affidavit by claiming that consequently, he did not vote in the 12th March 2001 Presidential elections, which is a denial of his constitutional right. Hon Okwir’s account of how he was arrested at Entebbe International Airport is supported by the affidavits of the Petitioner and his wife, Hon. Winnie Byanyima. According to the Petitioner’s affidavit in support of the petition, on 19 February 2001 at about 7 p.m. he arrived from Bundibugyo and found Hon. Okwir at his house with his wife Solange and Ms. Anne Mugisha. Hon Okwir narrated to him how he had been intimidated for two days by Maj. Gen. David Tinyefuza and Lt. Col. Mayombo. He also informed him how he has been taken to the International Conference Centre and forced for his safety to sign a document to the effect that he had resigned from the Petitioner’s Task Force and that they were getting funds from countries hostile to Uganda. After signing the document he had been taken to Nile Hotel for lunch. The Petitioner defended further that after discussing the matter with Hon. Okwir, it was decided that the public be informed through the press about what had happened and they continued with the campaign normally. After the press conference they went to the Petitioner’s residence where Okwir spent the night. The following day on 20 February 2001 the Petitioner was scheduled to address rallies in Adjumani and Moyo Districts, and had planned to travel by a chartered aircraft from Entebbe at 9.30 a.m. together with some members of his Task force including Hon. Okwir. They arrived at the Entebbe VIP Lounge at about 9.30 a.m. As they proceeded to the aircraft at about 10.00 a.m. an official of the airport informed him that the aircraft has been refused clearance to take off and that they should return to the Lounge while clearance problems were sorted out. As they arrived back in the Lounge and official of the Civil aviation Authority named B. Monday came and informed Hon. Okwir that he had instruction to take him away but Hon. Okwir refused to go. The official went but shortly afterwards Capt. Rwakitarate Moses from the PPU came with some armed men putting on civilian clothes and instructed Okwir to get up and go with him. Hon. Okwir refused to comply, as they were not authorised under the law to arrest him. At about 3.00 p.m. Col. Kasirye Gwanga arrived with a large group of armed soldiers and forcefully arrested Hon. Okwir and damped him on a pick-up and sat on his head, chest and legs, and drove off. The rest of his affidavit in which he depones on what Hon. Okwir told him about his interrogation and telephone conversation with the 1st Respondent is hearsay. Hon. Winnie Byanyima also made an affidavit to support Hon. Okwir’s claim that he was abducted from Entebbe Airport. She states that on 19th February 2001 Hon. Okwir turned up at her home at Port Bell in the evening and he narrated how he had been pressurised and coerced by Maj. Gen. Tinyefuza, Lt. Cot. Mayombo, Col. Kasirye Gwanga and other senior army officers to make a statement of withdrawal from the EBTF but he stated that since he had escaped from them he was back into the EBTF although he feared for his life. On 20 February 2001, the Petitioner, Hon Rabwoni and herself and other members of EBTF went to Entebbe International Airport to board a plane to Adjumani where they were scheduled to address a rally. While at Entebbe International Airport, Hon. Rabwoni Okwir was forcefully abducted from the VIP Lounge by a big number of soldiers, which include Capt. Moses Rwakitarate of the PPU who appeared to be in-charge of the operation, which lasted five hours. She states that Hon Rabwoni was never charged with any offence but has since fled into exile. The allegations made by Hon. Okwir have been answered by the affidavits of the 1st Respondent, Maj. Gen. Jeje Odongo, Maj. Gen. David Tinyefuza, Lt. Cot. Mayombo and Capt. Rwakitarate Moses. In his affidavit in support of the answer to the petition, the 1st Respondent states that it is not true that on 21 February 2001 he had a telephone conversation with Hon. Okwir where he tried to convince him to leave that “wrong group”. He states that on that day he had a telephone conversation with Hon. Okwir where he asked him whether it was Maj. Gen. Tinyefuza or Hon. Okwir himself who was telling the truth about the voluntariness of the statement he had signed stating that he had withdrawn from the Petitioner’s Task Force. He further states that Hon Okwir told him that the Monitor Newspaper report which alleged that he had stated that he was forced to withdraw from the petitioner’s Task Force was false. The 1st Respondent asked him what he intended to do and Okwir replied that he wanted to go abroad for medical treatment and rest. The Respondent asked him further how he would be able to maintain himself abroad as a Member of Parliament of Uganda. He advised Hon. Okwir to notify the Speaker of Parliament so that he could continue to draw his salary until he returned home. In his affidavit, Maj. Gen. Tinyefuza denied that on 21 February 2001 Hon Okwir was forced to make a statement disassociating himself from EBTF in his presence. He stated that in the ordinary course of his duties as Senior Advisor to the Commander-in-Chief, he details and receives information from various persons acting under lawful covert circumstances, reports concerning security matters within Uganda. He deponded that on numerous occasions he had assigned Hon. Okwir the task of covertly gathering information and reporting to him matters of highly sensitive nature relating to the security of Uganda. On 15 February 2001 Hon. Okwir requesting him for a meeting which was held on 17 February 2001 at Okapi Gallery in Bbunga where they held long discussions concerning national security matters in which the Petitioner was named. He informed Lt. Col. Noble Mayombo about the information he had received from Hon. Okwir and the three agreed to meet at Sheraton Hotel, the venue selected by Hon. Okwir. Major Gen. Tinyefuza further states that on 18 February 2001 Hon. Okwir offered to escort him to Sembabule to attend a funeral of a relative. While there Hon. Okwir informed him that he had decided to withdraw from EBTF, and Hon. Okwir addressed mourners informing them of his decision.......
Posted on: Tue, 22 Jul 2014 16:03:31 +0000
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