Police Boss Petitions Court To Cancel Besigye Presidential Bid
https://www.redpepper.co.ug/2016/01/besigye-presidential-bid-risks-disqualification/
It is already a desided matter in court by
implication according to the trial Judge, Justice Steven Musota. In
addition the Forum for Democratic Change (FDC) party presidential
candidate, Kizza Besigye risks being blocked from participating in next
month’s elections if a petition by a police boss is something to go by.
He has to be available for trial on 3rd March 2016 set for
hearing by the learnt Judge. According to the constitution only a
president is not liable to any court proceedings.
The head of the directorate of crime intelligence in the
police force, Lt Col Ndahura Atwooki Birakurataki, has petitioned the
civil division of the High Court in Kampala to dispose of the case
involving him and Forum for Democratic Change (FDC) presidential
candidate, Dr Kizza Besigye before next month’s presidential election.
In a January 7 petition that Red Pepper has seen, Ndahura
argues that Besigye aims at defeating justice by running for immunity
against any court proceedings.
“After extensive consultations with various legal
authorities following your decision to adjourn the cases to the 3rd of
March 2016 I do humbly pray that the hearing be brought forward. The
current date constitutes a mockery of justice as it is a hearing deemed
in vain as one of the defendants, Rtd. Col Dr Besigye aims at defeating
justice by running for immunity against any court proceedings. He is a
presidential candidate,” Ndahura’s petition reads in part.
In October last year, Justice Stephen Musota was allocated
to hear the defamation case filed in 2012 by a senior army officer Lt.
Col. Ndahura Atwooki Biraku Rataku against Dr. Kiiza Besigye and his
sister Dr. Olive Kobusingye.
Ndahura sued Besigye in October 2012 for allegedly defaming him in interview with The Observer. He also sued the newspaper and its editor.
The petition adds, “I believe courts owe the people of Uganda the duty to determine dishonesty when brought before the temple of justice. This is more pertinent now as the defendant (Besigye) aims at a false political victory of whatever percentage since his campaign package includes the falsehood complained about if not resolved. Ugandans need a leveled ground free of lies in order to make a free choice.”
Ndahura sued Besigye in October 2012 for allegedly defaming him in interview with The Observer. He also sued the newspaper and its editor.
The petition adds, “I believe courts owe the people of Uganda the duty to determine dishonesty when brought before the temple of justice. This is more pertinent now as the defendant (Besigye) aims at a false political victory of whatever percentage since his campaign package includes the falsehood complained about if not resolved. Ugandans need a leveled ground free of lies in order to make a free choice.”
The colonel also wants court to dispose of a case in which he accuses the two of defamation.
Ndahura accuses the duo of making false and malicious
statements against him in relation to the 2001 general elections in
Rukungiri District.
They allegedly stated that Ndahura who by then was a
Captain and head of the PPU unit; is responsible for committing several
atrocities in Rukungiri including the death of a one Baronda.
“Accordingly therefore I did under paragraph 18 pray for
“(a) A permanent injunction restraining the defendants by themselves,
their servants or agents from publishing and / or causing to be
published of any defamatory words or any words of a like effect against
the Plaintiff. ….. (d) Defendants publish an apology to the Plaintiff in
the 2nd Defendant’s Newspaper with prominence and wording agreed to by
the Plaintiff in advance.” These prayers have not been granted to date,”
Ndahura states in his petition.
The said statements were published in 2009 in then Weekly Observer Newspaper.
Justice Musota had fixed the matter for hearing on 9th December 2015 but this was later changed to March 3, 2016.
This was after lawyers from Kafeero and company advocates
representing Col. Ndahura Atwooki Birakurataki informed justice Musota
that the two parties had failed to settle the matter out of court.
It was the second time both parties had failed to reach an
out of court settlement which prompted the judge to set a date for
hearing.
Ndahura insists that the case must be tried before the presidential elections slated for February 18.
“I also pray that the hearing date be brought forward to a
date before elections slated for the 18th February 2016 and that you
excuse yourself from these cases just in case you find that my fears
have merit. It is also my humble prayer that justice is not only done
but also be seen to be done,” Ndahura’s petition reads.
He adds, “The Defendant is stopped from running for the
office which gives him immunity as well as power until the matter is
resolved.”
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https://watchmanafrica.blogspot.com/2017/08/besigye-tormentor-pastor-afande-gilbert.htmlBesigye, Col. Ndahura Fail To Reach Out Of Court Settlement
20 Oct 2015
17:19
Tony Bath
Freelancer
Forum for Democratic Change presidential flag bearer, Dr. Kizza
Besigye and Col. Ndahura Atwooki Biraku Rataku have failed to settle the
defamation matter out of court.
Col. Ndahura in a suit filed in 2012, accuses Dr. Besigye of giving an interview to The Observer, accusing him of having murdered Johnson Baronda in Rukungiri District during the 2011 general elections. Besigye also said in the interview that Col. Ndahura had been promoted after that, from Lieutenant Colonel.
Hearing of the case will now proceed, presided over by Justice Stephen Musota.
Dr. Besigye says he cannot retract his statement about the murder and promotion of the officer.
Lt. Col. Ndahura also insists the comments uttered by Dr Besigye were false, defamatory and libelous, for which he is claiming damages.
He further claims that the statements have caused him ridicule, hatred and that his reputation has been lowered in the eyes of the right thinking members of society.
The army officer wants court to issue a permanent injunction restraining Dr. Besigye and The Observer newspaper from publishing any alleged defamatory matter against him.
Dr. Besigye in his defense claims the interview was published in public interest, and that it was not intended to ridicule Ndahura as purported.
Col. Ndahura in a suit filed in 2012, accuses Dr. Besigye of giving an interview to The Observer, accusing him of having murdered Johnson Baronda in Rukungiri District during the 2011 general elections. Besigye also said in the interview that Col. Ndahura had been promoted after that, from Lieutenant Colonel.
Hearing of the case will now proceed, presided over by Justice Stephen Musota.
Dr. Besigye says he cannot retract his statement about the murder and promotion of the officer.
Lt. Col. Ndahura also insists the comments uttered by Dr Besigye were false, defamatory and libelous, for which he is claiming damages.
He further claims that the statements have caused him ridicule, hatred and that his reputation has been lowered in the eyes of the right thinking members of society.
The army officer wants court to issue a permanent injunction restraining Dr. Besigye and The Observer newspaper from publishing any alleged defamatory matter against him.
Dr. Besigye in his defense claims the interview was published in public interest, and that it was not intended to ridicule Ndahura as purported.
Lt Col Ndahura Atwooki charged in army court
https://www.newvision.co.ug/new_vision/news/1480611/lt-col-ndahura-atwooki-charged-army-court
Added 29th June 2018 03:40 PM
Ndahura, who had been recalled from Police by the army, was at the
beginning of June arrested from Masindi by the Chieftaincy of Military
Intelligence.
KAMPALA - The former director of crime intelligence in the Uganda Police Force, Lt Col Ndahura Atwooki (pictured), who was recently arrested by the Chieftaincy of Military Intelligence (CMI), has been charged in the army court.Ndahura, who had been recalled from Police by the army, appeared before the Unit Disciplinary Committee (UDC) sitting at the CMI headquarters in Mbuya, Kampala on Friday.
At the UDC chaired by Col. Tom Kabuye, Atwooki was charged with interfering with the process of law, contrary to Section 166 of the UPDF Act 2005.
He has been remanded until July 13, 2018.
Army spokesperson Brig. Richard Karemire, confirmed the development, but did not divulge details relating to the offence and where Ndahura committed it.
But sources revealed that Atwooki is facing charges related to his work while he was the head of crime intelligence in the Uganda Police Force.
Ndahura was at the beginning of June arrested from Masindi by CMI.
He was arrested alongside former police chief Gen. Kale Kayihura, Assistant Commissioner of Police Herbert Muhangi and former cyber intelligence chief Richard Ndabwoine.
Before them, Abbey Kitagenda, a flying squad operative was arrested.
Kitagenda is believed to have provided CMI with information that implicated his bosses.
Kayihura, Muhangi, Kitagenda and Ndabwoine are also soon expected to appear before the military court.