Police defies court order to vacate Monitor premises

The police have defied the court order directing them to vacate the Monitor Publications premises they seized since Monday. Instead of opening the gates to allow employees to access their offices, police deployed more officers.

So far 8th street in Industrial Area has been closed to public use, with anti-riot police blockading the road. More officers armed with guns and teargas canisters are also on site. More trucks, including one that sprays peppered water, are on standby in the neighbourhood.

Monitor Publications was cordoned off on Monday after police secured a search warrant from Nakawa Magistrates Court. However, police ordered Monitor authorities to switch off the printing press and proceeded to put KFM and Dembe FM - the two sister stations of Monitor - off the airwaves.

Police claim they are searching for a letter authored by the Coordinator of Intelligence Services, Gen David Sejusa, also known as Tinyefuza, warning of a possible plan to eliminate top government officials opposed to a "Muhoozi Project". The project is alleged to be planning to usher into power Brig Muhoozi Kainerugaba, the son of President Museveni, once his father retires. The letter was addressed to the Director General of Internal Security Organisation, Col Ronnie Balya.

While vacating the search warrant, Nakawa Grade one Magistrate Rosemary Bareebe noted: “Upon reading and considering the application for vacating the search warrant issued to D/ASP Mbonimpa Emmanuel on the 20th May 2013 and upon reading the affidavit of Mr Alex Asiimwe, the Managing Director of Monitor Publications dated 22 May 2013, It is hereby order that; the Search warrant issued to D/ASP Mbonimpa Emmanuel...is hereby vacated in the exercise of the given to the court.”

According to the Deputy Police Spokesperson, Mr Patrick Onyango, who was at Monitor offices today, even if police returns the search warrant to court, they will use other sections of the law to continue with the search.

"Section 27 of the Police Act empowers police, with or with the warrant, to search the premises. Officially, we have not received the order, because the police commissioner in charge of legal affairs has been in Parliament throughout the day," Mr Onyango said.

A meeting that was scheduled by management to address members of Monitor staff also failed after armed police officers kept employees away from the entrance to the premises.

Mr Tom Mshindi, the Nation Media Group - the owners of Monitor - operations manager, said: “We are very surprised by the police action because it appears their intention is to frustrate the court order.”

Ms Ann Abeja, the company secretary, accused the police of dodging the court order. “We shall continue engaging our lawyers to find possible remedies and dialogue with authorities.”

“Ideally, police have no alternative but to comply with the court directive and vacate the premises because the same magistrate who issued the warrant vacated it but in the process we see more deployment,” said Ms Abeja.

Meanwhile, Kampala Metropolitan Police Commander has camped at Monitor offices after getting information that a section of MPs were around the same place. MPs, including Gerald Karuhanga, Ssemujju Ibrahim Nganda, Mathias Mpuuga, Brenda Nabukenya, Moses Kasibante, Joseph Sewungu and Steven Ochola, visited Monitor to find out what is exactly happening.

"Police is breaking the law. The court order is here but they have refused to obey the orde," Mr Karuhanga said.

MP Ssemujju said they would go back to Parliament and task the Minister for Internal Affairs to explain the police action.