Why Gen David Sejjusa Inevitably Needs To Be Prosecuted

Why Gen David Sejjusa Inevitably Needs To Be Prosecuted 

 Is Gen David Sejjusa above the law?


By  Fred Daka kamwada-Kamwada

The politically dramatic year of 2014 is coming to an end with a cloud of suspense and apprehension unfolding in the political circles of this country.

The fate of two senior NRM figures, Hon john Patrick Amama Mbabazi and self styled UPDF general David Sejjusa aka Tinyefunza remains hanging in the balance.

While the fate of the recently sacked Ugandan prime minister and eventually impeached NRM secretary general, Hon Amama seems to be sealed-as a dumped member of the NRM party with an option of joining the opposition, the future of Gen Sejusa remains contentiously hanging on the pendulum swing.

Here is a serving UPDF officer who has breached all the rules and regulations of the institution (UPDF) he has served for the last thirty or so years moving freely speaking politics and getting away with it.

In a country where the rule of the law applies, we should have seen more action.

INTELLECTUAL DISHONESTY

But we seem to live in a country of civilized people who prefer to practice primitive tendencies and thrive on intellectual dishonesty.

We have interestingly seen so many political people find it very difficult to make a honest verdict of what should happen to Gen Sejjusa.

Most members of the opposition have sacrificed principles at the altar of political expedience. And it’s rather baffling that most of them are trained lawyers.

One such person who really made a contradiction of what we expect of him was a lawyer by the names of Mr. Makubuya. While appearing on NBS television morning show some few weeks ago, Mr. Makubuya who is a member of the FDC was asked what he thought of Gen Sejjusa‘s return and he answered thus;

‘’he (Sejjusa) is entitled to his return to the country. He has no case to answer. He only authored a letter which spited the regime and was forced into exile. We actually feel that he should join the opposition”

And its interesting to note that Mr. Makubuya made no mention of what the law says about Sejusa’s actions since he went to exile.

Another senior member of the opposition and also a lawyer by profession Hon Medard Segona was also asked the same question on the same NBS television by the morning show host Mr. Simon Kagwa Njalla what he thought about the Sejjusa conundrum.

And Hon Segona –without elaborating on the legal aspect of the whole issue simply said that Sejjusa was welcome to the opposition.

Both Mr. Makubuya and Hon Segona are a typical representation of Ugandans who suffer from intellectual dishonesty.

They prefer to make political explanations rather than making the honest analysis of the facts that obtain on the ground.

Some Ugandans are saying that Museveni’s has come out smarter by letting Sejjusa to enjoy his freedom despite of the obvious breaches of the law he has been engaged in.

But this assertion is only true to an extent.

Although it politically plays in his favor NOT to bring Gen Sejjusa to book ,but it’s practically absurd to say that Museveni’s is smarter when he lets the errant UPDF general to behave freely even when it’s clear that he is in breach of a clear set of rules.

Is Sejjusa culpable?

 Gen sejjusa meets the international media

For Christ’s sake there are rules and regulations of the game at stake here. And in a world where impunity is not part of the game, anyone who is in breach of those principles needs to account for his felonies.

We all know what Gen Sejjusa has done since he was holed up in exile in London-and most of it smells like a stench of indefensible illegalities.

It’s important to note here that Gen Sejjusa was not in breach of any law when he wrote the letter (that resulted in his exile) requesting the authorities to investigate reports that some senior officials including himself, Hon Amama Mbabazi and Gen Aronda Nyakairima were targeted for assassination for reportedly opposing the widely rumored Muhoozi project.

On that account alone, Sejjusa has no case to answer.  Instead its government which overreacted by closing two media houses and reshuffling the top leadership of the army

Gen Sejusa’s Illegalities

But on account of what followed afterwards-particularly when he was in exile-, it’s obvious that Tinyefunza messed up quite a number of principles.

And you don’t need to dig deep for evidence of his treasonable utterances because he did it on international media outlets like the BBC, VOA, RFI etc.

First of all Sejjusa was supposed to lose his seat as member of the Ugandan parliament by virtue of His long period in exile that meant that he inevitably failed to honor the mandatory fifteen consecutive sittings.

At least in this case sanity prevailed and the speaker of parliament Hon Rebecca Kadaga managed to oversee his removal as representative of the UPDF and replacing him with another member, as provided for by the law.

But it’s interesting to note that the due process of the law stopped at what parliament did.  The rest has been the absolute abuse of the laws of the land

First of all, he openly declared war on the government of Uganda.

His long stay in exile also meant that we expected the army to declare him a deserter, but it has not done it despite of provision within the law that a soldier who goes AWOL (absent without official leave) without official communication faces prosecution.

Partisan Politics

Thirdly; here is a serving Army officer who has even went ahead to form a political organization (known as FUF) aimed at propagating the downfall of a regime he has served for the last thirty years.

  This (forming of a political organization) is in total breach of the Ugandan constitution which bars serving army officers from engaging in direct partisan political contestations.

He then went on to declare war on President Yoweri Museveni’s government. The renegade general became an item on the international media outlets like the BBC , the VOA and others who cared to interview him where he took the liberty to call his commander in chief a killer and dictator who deserves to be kicked out of power.

Is Museveni Smarter or Promoting Impunity?

Of course by not taking any action against Tinyefunza, president Museveni reaps political dividends. First of all it demonstrates that he is not a killer-like most African leaders who hunt their rivals and kill them in exile, as Sejjusa was portraying him to be.

Secondly he denies the opposition an outright claim on the defection of one of the senior members of the UPDF.

And on this account, Museveni’s has scored tremendously by not taking action on Tinyefunza.

But on account of rule of law and safeguarding impunity, Museveni’s is losing it completely.

If corruption is defined as a breach of principle, like many of us believe, then this (taking no action against Tinyefunza) is the highest form of corruption.

It’s actually not sustainable because it has grave consequences of creating a system of selective justice.

We have seen officers face the court martial for merely making soft political statements on local radio. But here is Tinyefunza making seditious and treason statements on international media!

CONSEQUENCES

It sets a very bad precedence whereby it compromises discipline of the rank and file of the other members of UPDF.

What will happen to any other serving officer who engages in such political actions? Will he be allowed to even make processions, like Tinyefunza has been allowed to do?

This issue alone also shows that the UPDF has sectarian tendencies where some officers and men and are untouchable and others abide by the rules and regulations.

It also has the detrimental effect of reminding Ugandans of scenarios of selective justice where two Ugandans -both former members of the former UPC regime- were convicted of similar crimes,-but one of them  ( Hajji Sebirumbi , Chairman Of UPC –Luwero district ) was hanged and another one by the names of Chris Rwakasisis who was minister of security ) was pardoned and released from jail and given a job as presidential advisor because he –probably belonged to the same tribe as president Museveni’s.

 Chris Rwakakasis (above) was pardoned but Hajji sebirumbi was hanged for the same crime

With all the factors of fairness and poetic justice in play, even a blind man can see that there is an obvious miscarriage of justice and fairness.

And it’s practically inevitable that either president Museveni’s prosecutes Gen David Sejjusa, or he becomes an accomplice in fomenting impunity and tendencies of indiscipline in the governance of this country.

Ugandans must stop interpreting everything politically and also look at the need to uphold principles.

I rest my case with the possibility of highly being misunderstood.

Fred Daka kamwada-Kamwada is sociopolitical commentator and a senior journalist

Ends