Army Court Dismisses Cases against Former Crime Intelligence Boss, Others

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Col Ndahura
Col Ndahura Atwooki (Right in Army uniform) and other accused arriving at the UPDF General Court Martial in Makindye, Kampala. Courtesy photo

The General Court Martial sitting in Makindye has dismissed a case against the former Uganda Police Force Director of Crime Intelligence, Col Ndahura Atwooki, and other senior officers who had been accused of illegal extradition of Rwandan refugees and failure to protect war material.

The two other police officers include ACP Herbert Muhangi, the former Flying Squad Commander, and SSP Nickson Agasiirwe, the former Commander of the Special Operations Unit.

The charges, including failure to protect war materials, failure to supervise police officers, and abetting kidnapping, were dismissed on Tuesday, March 5, 2024, by the Army Court presided over by Brig Gen Freeman Robert Mugabe.

Col Ndahura was arrested on June 8, 2018, in Masindi, in connection with the illegal repatriation of Rwandan refugees and was jointly charged with the former Inspector General of Police, Gen Kale Kayihura, and other junior officers.

The prosecution team had alleged that between 2012 and 2016, by omission and commission, the group aided and abetted the actions of subordinate police officers and others on various occasions without hindrance to kidnapping and illegally repatriating Rwandan exiles, refugees, and Ugandan citizens to Rwanda, including Lt Joel Mutabazi, Jackson Karemera, and Sgt Innocent Karisa.

They were also charged with failure to protect war materials, contrary to Section 122(1)(2)(d) of the UPDF Act 2005.

The state had also alleged that between 2010 and 2018, the police officers, on various occasions, allowed the issue of arms and ammunition to unauthorised persons, including members of Boda Boda 2010, led by Abdullah Kitatta.

They were further accused of failing to supervise and ensure accountability for the arms and ammunition issued to specialised units under the office of the Inspector General of Police, including the Flying Squad, Special Operations Unit, Witness Protection Unit, and the Crime Intelligence Directorate of the police force.

The officers are the latest to be cleared by the Court Martial after the army withdrawn all criminal charges against the former IGP Gen Kayihura in August 2023 and subsequently allowed him to retire from the Army.

On August 24, 2018, Kayihura appeared before the seven-member panel of the UPDF General Court Martial presided over by then chairman, Lt Gen Andrew Gutti, to plead to the charges. He had earlier been arrested from his upcountry home in Kashagama in Lyantonde district before being airlifted to Kampala.