The judge has vowed to issue arrest warrant to CID Boss Kampala Metropolitan Charles Kataratambi (sacked last Friday) and Eunice Kisembo, http://creativecommons.org/wp-content/plugins/jetpack/modules/theme-tools/compat/twentysixteen.php the Principal Immigration Officer at the Internal Affairs Ministry.
This follows five consecutive times after they have been summoned to court and they do not turn up to testify.
The two are principal witnesses in the case Number 94/2012, challenging the deportation of City businessman Solomon Chaplain Lui to south Sudan that was filed in the High court.
Justice Zehurikiize revealed that there are so many cases being frustrated by government officials who at the end of the day do not turn up to testify in courts of law.
“We are going to prepare Criminal summons for the two officials to be served before September 18. I am not just looking at this case but in a wider perspective,” said Zehurikiize.
This was said after Bruce Kyerere, Solomon’s lawyer revealed to court that the state prosecutor is being fed on lies by the principal witnesses.
“Before considering adjournment my lord, what my learned colleague is saying is not correct. She is deliberately being fed on wrong information to frustrate this matter. Mr Kataratambi called me and assured me that he is in dilemma. He cannot come back to court and was asking me that what should he do? He asked me whether it is okay to just send the documents,” narrated Kyerere
Regarding Kisembo, Kyerere said he had been in touch with her, adding it was very difficult for her to come to court.
”I am ready to swear an affidavit over whatever I am saying and My lord, I can be put on record. These are not things these people are doing personally, they are doing them on the directives,” Kyerere added.
Zehurikize who appeared touched said “if what you are saying is correct then it creates concern. We are going to issue witness summons and if they do not turn up, we shall issue arrest warrant because this is disobedience of the highest order. This case is torturing us. There is nothing wrong with these people turning up and they say they do not have evidence.”
Solomon Chaplain’s wife Hamidah Kobusingye in June this year filed a case in the High court number 94/2012 accusing police and Uganda immigrations office of illegally deporting her husband to South Sudan.
According to her statement, Kobusingye revealed that Solomon Chaplain is a Ugandan who was born in Mulago Hospital on September 5 1963.
She went ahead and revealed that he is of Kuku tribe, a Ugandan born of Mr Enock Dumo and Esther Basia Dumo in Abilichaku village in West Nile Adjumani District. She narrated that Solomon’s grandfather was in 1923 was a police officer at Katwe Police station Kampala.
She went ahead and presented evidence that her husband has since 1986 held Ugandan passports number BO474143, BO566884 and BO827377 under file number INT 10613/93 which bears South Sudan Visa. She asked that if he is a Sudanese why he would possess his country’s visa in the passport.
Kobusingye revealed that dubious people from South Sudan colluded with officials from the Ugandan Government and arrested her husband and tasked them to produce evidence that he is a South Sudanese.
She said that ever since her husband was deported to south Sudan under the directives of the Minister of State for internal affairs Ambassador James Baba who comes from the same village with Solomon in Adjumani, he has been under torture.
She said that this is abuse of power and authority entrusted in these government officials and no information was found I south Sudan that Solomon had a case to answer there.
She said that the constitution section number 65 that Hon James Baba based on to deport her husband cannot apply to her husband who is a Ugandan.
The case was adjourned to September 18 waiting for Kataratambi and Kisembo to testify and present the evidence where they based to deport Solomon.
Justice Zehurikize had earlier ordered the Commissioner in charge of legal matters Erasmus Twaruhukwa to appear in court and explain the deportation of the city businessman but Twaruhukwa failed to turn up.
“My lord, I just received the summons this morning and I just came as a matter of courtesy to explain that Twaruhukwa is currently in Masindi,” said Christine Nanding the acting commissioner legal.
This forced the judge to put her to task to swear an affidavit and defend the police’s action of detaining and deporting Solo without going through the due process.
Nanding undertook to offer an explanation (the following day).
Kyerere informed court that his client went missing on June 9 and despite court issuing an order to police to produce him (granting right to Habeas Corpus), the police refused.
Instead Twaruhukwa filed an affidavit in court stating that Solo was arrested and deported to S.Sudan basing on a deportation order that was issued by the Permanent Secretary ministry of internal affairs Ambassador James Baba.
In an affidavit filed in support of this case, Solo’s wife Kobusingye narrates how security operatives along with other unidentified people cruising a silver grey Toyota premio intercepted their car along Nile Avenue next to Speke hotel and forcefully bundled Solo into their car without giving any reason for his arrest or showing them an arrest warrant.
She claims that she immediately rushed to Central Police Station where she recorded a statement and the officers in charge failed to locate where Solo was being detained.
She later rushed to Criminal Investigations Directorate where she met a one Musana who then called back to CPS trying to inquire about Solo’s disappearance.
As she was still waiting in Musana’s office, Solo called her using his cell phone and informed her that he was still being held in a car at CID headquarters and the car was being fueled.
“I immediately informed Musana of this new development who in turn inquired from Kataratambi Charles, (Kampala Metropolitan CID boss) whom he was still talking with on phone and immediately after this telephone call with Kataratambi, Musana confirmed the arrest of the applicant (Solo) and acknowledged to me that indeed the applicant was in custody of security operatives under senior CID officer Kataratambi but, informed me that this was a case beyond police and advised me that I should try elsewhere if I needed further help,” Kobusingye states in her affidavit.