he High Court sitting at Kampala has Monday ordered the restoration of National Unity Platform (NUP) Presidential Candidate Bobi Wine’s liberty and freedom to move in and out of his home unrestricted.
Bobi Wine, whose real name is Robert Kyagulanyi, has been besieged and confined to his home in Magere by the Military and Police since the evening of the 14th of January following a hotly contested election in which he emerged first runners up losing to incumbent President Yoweri Museveni, according to results declared by the Electoral Commission.
In a 20-page ruling on an Application filed with the High Court by Bobi Wine and his wife Barbra Itungo Kyagulanyi against the Attorney General, the Chief of Defense Forces and Inspector General of Police, Justice Micheal Elubu found that the “continued indefinite restriction and confinement” of Bobi Wine to his home is unlawful, unconstitutional and an affront to his personal liberty.
The learned Judge rejected the security forces’ argument that holding Bobi Wine at his home was a preventive action aimed at ” neutralising security threats” including riots and an insurrection. Justice Elubu faulted the forces for not following the law.
“Since the [Police] states that it has evidence, it would be proper to follow the due process of the law with regard [to] all the allegations made against [Bobi Wine]. The options are to produce [Bobi Wine] in Court to face trial or to lift the restrictions” Justice Micheal Elubu ruled.
AIGP Edward Ochom, the director of operations in Uganda Police Force accused Bobi Wine and the National Unity Platform in his testimony before the Court of planning an insurrection and argued holding Bobi Wine at his home was in the interest of public safety and security.
” … In his inaugral address at his home after his nomination, [Bobi Wine] undertook to make Uganda ungovernable like Libya, Iraq and Sudan ” AIGP Edward Ochom said in Court filings.
” Dr. Lina Zedriga, Vice Chairperson of NUP for northern Uganda announced and declared that the party had a plan B being sustaining riots and Plan C being insurrection and riots to capture State house ”
The Police further accused Kyagulanyi of blatantly breaching Covid-19 guidelines by holding mass rallies and gatherings which prompted the Court to direct him to comply with the safety protocols.
It is not yet clear what course of action the Security operatives will take following this court ruling.
The High Court ruled this morning that my continued house arrest (11 days now) is illegal & unconstitutional. Several hours later, the military still surrounds my home, blocking access to all! Perhaps (as always) waiting for Gen. Museveni's orders on the next course of action.
— BOBI WINE (@HEBobiwine) January 25, 2021
At press time, Bobi Wine had tweeted that the security personnel were still at his premises restricting anyone who wished to enter.
However, Lt. Gen. Deo Akiiki, the Deputy Spokesperson of the UPDF told this Publication that they ‘will follow the law.’
” We have and will always follow the law in executing our work of keeping security to everyone. We have experts of law and we have a leadership well grounded in law. Forexample, the CDF is one of the fine lawyers. The Joint tactical command will be guided on the next course of action that is consistent with the law ” He said.
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