MP Nsereko Granted Bail

2387 Views Tororo, Uganda

In short
Kampala Central Member of Parliament Muhammed Nsereko is out of jail after being granted bail by the Tororo Chief Magistrates Court on Monday morning.

Kampala Central Member of Parliament Muhammed Nsereko is out of jail after being granted bail by the Tororo Chief Magistrates Court on Monday morning.

Nsereko was on December 24th arrested and detained at the Police Special Investigation Unit in Kireka in Kampala over his alleged utterances over the death of Cerinah Nebanda, the Butaleja Woman Member of Parliament.

He was on Friday last week transferred to Tororo where he appeared at the Tororo Chief Magistrate Court and charged with incitement of violence.

He declined to enter any plea after his lawyers Medard Lubega Sseggona, also the Busiro North MP and Charles James Gyabi of Gyabi and Company Advocate objected to the charge sheet saying it did not translate to the language of the court.

The two lawyers argued that the charge sheet lacked the material ingredients of the offense and that it did not indicate who his client incited and who it was directed at.

Charles Emuria, the Tororo Chief Magistrate concurred with the defense lawyers that the charge sheet was defective. He also noted that the state conceded the same, but said that the law allows for an amendment of the charge sheet and accordingly remanded Nsereko to Morukatipe Central Government prison until Monday 31 December 2012 to give the state time to amend the charge sheet.

On Monday morning, when Nsereko appeared in the same court, the Chief Magistrate read the amended sheet in which Nsereko is accused of incitement of violence in contravention of Section 51, sub section 1 of the Uganda’s Penal Code Act.

Prosecution told court that on 23rd December, while addressing mourners at Nebanda’s burial in Butungu in Butaleja town council, Nsereko made utterances without lawful excuse intended to bring death or physical injuries to the 3rd Deputy Prime Minister General Moses Ali.

Nsereko however pleaded not guilty to the charge.

His lawyer, Medard Sseggona accordingly applied for bail. The state prosecutor, Charles Bwiso, did not object to the bail application but argued that Nsereko’s alleged offence is of serious nature that requires court to give him stringent terms and conditions for him to appear in court until the matter is resolved.

Charles Emuria, the Chief magistrate granted Nsereko bail after paying 500,000 shillings cash. His sureties that include Bunyole East MP Emmanuel Dombo and Nathan Nandala Mafabi, the Leader of Opposition in Parliament, were bonded at non-cash bail of five million shillings each.

Nsereko was ordered to reappear in the same court on January 31 2013 for the mention of the case.

Soon after the pronouncement by the Chief Magistrate, the fully packed court was thrown into wild jubilation with supporters singing Buganda anthem.

Medard Sseggona still insists that the charges against his client are purported and that the amendment on the charge sheet still does not qualify it to any offence. He described the charge as a joke by government and that they will use the same rope set by government to hang it.

Sseggona said now that they have endeavored to bring Nsereko and his co-accused out of jail, they will gear their efforts to recall parliament to discuss what he described as abuse of legislators by government.

//Cue in: “It’s been difficult…
Cue out: …is behaving silly.”//

Mafabi describes the charge as baseless and that the state will regret all the ill-treatment suffered by its citizens.

There was tight police deployment at the court premises.


About the author

Denis Olaka
Denis Olaka is the URN bureau chief for Lira, in northern Uganda. Apac and Otuke fall under his docket. Olaka has been a URN staff member since 2011.

Olaka started his journalism career in 2000 as a news reporter, anchor, and then editor for Radio Lira in Lira district. He was subsequently an editor with Lira's Radio Wa in 2004 and Gulu district's Mega FM.

He was also a freelance writer for the Daily Monitor and Red Pepper newspapers.

Olaka's journalism focuses on politics, health, agriculture and education. He does a lot of crime reporting too.