What you need to know:
- Jamil Ssekyondwa has been on remand for seven months on charges of offensive communication.
- Although Ssekyondwa had pleaded guilty to the charges when he was first arraigned in court, the trial magistrate explained and guided that a conviction cannot be scured based on a defective charge sheet.
After spending seven months on remand for allegedly declaring President Museveni dead, Jamil Ssekyondwa has finally regained his freedom.
Ssekyondwa was released on Thursday after the Chief Magistrate’s Court in Luweero dismissed the case on grounds that the charge sheet was defective.
Ssekyondwa, a resident of Kabunyata village in Kamira Subcounty, Luweero District was on July 15, 2021 arraigned before the Chief Magistrate Court of Luweero where a case of offensive communication contrary to Section 25 of the Computer Misuse Act, 2011, was read to him by the Luweero State Attorney, Ms Peace Bashabe.
But Ssekyondwa who has been on remand since July 2021 is finally a free man and reunited with his family in Kamira Sub County after the state failed to adduce evidence to prove that Ssekyondwa willfully and repeatedly used electronic communication to disturb the peace and privacy of Mr Museveni.
“The facts as laid down by the State do not reveal major elements of the offence such as repetitive communication, right of privacy of a person having been interfered with. For that matter, the facts do not reveal the offence under the law (Sec 25) of the computer misuse Act 2011,” Luweero Chief Magistrate, Samuel Munobe stated.
“The accused cannot be convicted on such grounds as doing so would be offending the able Constitutional Principle laid down under Article 28 Section 12 of the Constitution of the Republic of Uganda as amended. The charges are dismissed and the accused lawfully discharged,” he ruled.
It had been alleged that Ssekyondwa while at Kabunyata trading centre in Kamira Sub County, Luweero District on July 7, 2021 using his mobile phone, sent messages to different people indicating that President Museveni had died. Ssekyondwa also allegedly used offensive and abusive words that accompanied the messages.
Although Ssekyondwa had pleaded guilty to the charges when he was first arraigned in court, the trial magistrate explained and guided that a conviction cannot be scured based on a defective charge sheet.