Jubilation as court acquits Kamoga, others of terrorism

By EPHRAIM KASOZI & JULIET KIGONGO

It was a scene of both tears and jubilation at the Court of Appeal yesterday as the leader of the Tabliq Sect, Sheikh Mohammad Yunus Kamoga, and five other Muslim leaders were acquitted of terrorism charges.

Their relatives, friends and lawyers shed tears of joy to welcome the Court of Appeal judgment that ordered the release of the six Muslim clerics.

They are Sheikh Siraje Kawooya, Sheikh Kamoga, Sheikh Murta Mudde Bukenya, Sheikh Fahad Kalungi, Mr Abdul Salaam Sekayanja, alias Kasimu Mulumba, and Mr Yusuf Kakande.
The group followed via Zoom as the court registrar read the judgement. The group had been convicted terrorism by the High Court, which sentenced some of them to life imprisonment and others to 30 years in prison.

Ruling
In the unanimous judgment delivered by a panel of three judges; Alfonse Owiny-Dollo, Elizabeth Musoke and Cheborion Barishaki, the court said the offence of terrorism cannot stand against the six men because it was not proven by the prosecution.

“All in all, the convictions of all the appellants for the offence of terrorism contrary to Section 7(1) and (2)(b) of the Anti-Terrorism Act, 2002, are quashed for the reasons given herein above. The sentences imposed on the appellants arising from their respective convictions are also set aside,” the judges ruled.

“None of the witnesses referred to attended the meetings where the alleged character smudging took place. We have not been able to find evidence of these meetings where character smudging took place,” they added.

In August 2017, a panel of three judges of the International Crimes Division of the High Court convicted each of the six persons of terrorism where Sheikhs Kawooya, Kamoga, Bukenya and Kalungi were sentenced to life imprisonment while Sekayanja and Kakande were sentenced to 30 years in prison.

The High Court found that they committed terrorism by printing fliers with the names of those targeted to be killed inscribed on them and distributed them in mosques. It also said the Muslim leaders held meetings in their homes where they planned the killings and sent WhatsApp messages with pictures of graves, coffins and bullets to their rival groups.

However, the Court of Appeal judges ruled: “It appears that the learned trial judges were satisfied that the appellants had uttered the threats in issue in a manner which was indiscriminate. We have been unable to ascertain their precise reasons.”

The appellate court observed that the six accused were marked by careful distinction considered to be from the opposing group of Muslim clerics to those who were headed by Sheikh Kamoga.

“Indeed, Ssonko Najib, Mustafah Bahiga, Umar Swadiq, Ibrahim Hassan Kirya, Muhamood Kibaate and Haruna Jemba, all persons named in the indictment as having been threatened, were members of the said opposing group. The only uncertainty was in regard to Omulangira Kassim Nakibinge,” the court ruled.
The judges said the accusations that Kakande was involved in any acts of terrorism were not proved.

The six Muslim leaders were represented by a team of lawyers led by Mr McDusman Kabega and Mr Fred Muwema.

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