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Ghana: Journalist Fined for Contempt

Felicia Anthonio
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A journalist with the Daily Graphic, Ghana’s leading newspaper with nationwide circulation, has been sentenced to a fine of Ghc5,000 (about US$1,200) for publishing an interview judged to be contemptuous of a High Court in Accra.

The judge, who delivered the judgment on March 21, 2017, also convicted the former Chairman of the Narcotics Control Board (NACOB),  Akrasi Sarpong, who granted the interview, to two months’ suspended sentence.

In the said interview, Sarpong expressed concern about the High Court’s earlier decision to grant bail to two drug suspects. Sarpong described the court’s decision as unfortunate, given that the suspects, Chief Sunny Ikechukwu Benjy Eke and Eleke Chukwu, have allegedly jumped bail before in Brazil.

Eke and Chukwu were arrested and remanded in 2013 for allegedly attempting to smuggle from Bolivia to Ghana 281,604 grammes of liquid cocaine with a street value of over US$12.5 million.

Lawyers for the suspects filed a contempt suit against Sarpong and the reporter (whose name was not given), arguing that the publication was prejudicial to the case and contemptuous of the High Court.

The presiding judge, Justice Charles Edward Ekow Baiden, delivering his ruling, said Sarpong’s comments were meant to derogate the authority of the Court that granted bail to the suspects. The ex-NACOB boss was consequently sentenced to a suspended two months’ jail term with a bond to be of good behaviour, while the reporter was slapped with a fine of Ghc 5,000 or in default, serve a two months imprisonment.

While calling on journalists to exercise discretion in reporting on matters before the courts, the MFWA believes the fine imposed on the Graphic reporter is excessive. The MFWA therefore calls on the Court to be measured in their sentence so that it does not lead to self-censorship on the part of journalists and the media at large.

Cote d’Ivoire: Media Regulator Suspends Sports Paper over “Unproven Allegations”

Felicia Anthonio
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The print media regulator in Cote d’Ivoire, Conseil National de la Presse (CNP), has suspended the Abidjan Sports newspaper for publishing an article that the regulator says “greatly compromises” the president of the Federation of Ivoirian Football (FIF), Sidi Diallo.

In its February 28, 2017 edition, the paper reported that the President of FIF is demanding CFA Francs 300 million (about US$ 491,164) for his FIFA campaign.” Diallo was campaigning to be elected on to the FIFA Executive Committee.

The Executive Director of FIF refuted the allegation by Abidjan Sports against Diallo and lodged a formal complaint with the CNP.

On March 14, 2017, the CNP issued a communiqué saying that “at its second Extraordinary Meeting of 2017 held on March 8, the Council has decided to suspend for two editions the weekly newspaper Abidjan Sports, published by Nord Sud Communication.”

The CNP communiqué said the veracity of the allegations the newspaper made against Sidi Diallo could not be established. It added that these “unproven reports which are offensive to the President of the FIF, could also impact negatively on his campaign towards the FIFA elections.” It said the publication was in breach of Article 2 and 13 of the Code of Ethics which require journalists to make diligent efforts to establish the truth of their allegations.

The newspaper has 30 days to appeal the decision. Meanwhile, the suspension takes immediate effect.

We call on the media to be circumspect in their reportage and to be sure they can substantiate allegations that they level against individuals and institutions.

Freedom of Expression in Africa: 183 Killed by Security Agents in 3 Protests

Felicia Anthonio
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Freedom of Expression in Africa: 183 Killed by Security Agents in 3 Protests

A total of 183 deaths were recorded from July to December 2016 following clashes between protestors and security agents in three countries – Ethiopia, Democratic Republic of Congo (DRC) and Mali.

In each of the three countries, security agents used excessive force to disperse protestors who were demonstrating against specific issues in their respective countries. The police brutalities resulted in several deaths.  A death toll of 150 was recorded in Ethiopia, 32 in DRC and one in Mali.

To date, not one security agent has been prosecuted for any of the killings in the three countries.

Unfortunately, this is just one of the many violations perpetrated against protestors, journalists and media organisations in Africa as reported in the maiden edition of the Freedom of Expression Situation in Africa report by the African Freedom of Expression Exchange (AFEX) compiled for the period July to December 2016.

The periodic Freedom of Expression Situation in Africa Report is an intervention by AFEX that seeks to monitor and report on FOE violations (including violations against freedom of assembly and association) and other developments in Africa for the timely intervention by appropriate stakeholders.

Over the six-month period, 63 incidents of violation were recorded in 19 countries across the African continent. State security apparatus were the main perpetrators of the violations. Together, they were responsible for 57 percent (36) of the 63 violations.

State security agents were not only responsible for the killing of the 183 protestors in the three countries; they were also the perpetrators of all 19 incidents of arrests and detentions in 10 of the 19 countries covered in the report. in addition, five out of six media organisations were shut down by state security agents.

State officials were also found to be perpetrators of media and FOE rights violations both online and offline. Of the 63 violations, 10 were carried out by/on the orders of state officials. Thus, state actors were generally the main perpetrators of the various violations reported in the Freedom of Expression Situation in Africa report.

Sadly, only seven out of 63 recorded violations received some form of redress actions.

For the full report on the types of violations cited, other perpetrators, the 19 countries monitored and the targets of the violations, click here.

 

Update: Police in Sierra Leone have Returned Passport of Anti-Corruption Activist after 45 Days

Felicia Anthonio
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Update: Police in Sierra Leone have Returned Passport of Anti-Corruption Activist after 45 Days

Sierra Leonean police have returned the passport of Abdul Fatoma, the Chief Executive Officer of the Campaign for Human Rights and Development International (CHRDI), a civil society organisation

According to Fatoma, the Inspector General of police on March 17, 2017 ordered the return of his passport.

On January 31, 2017, police officers without warrant arrested Fatoma at the premises of Radio Democracy, in Sierra Leone where he had just ended a radio discussion on a corruption scandal in the country. The police forcibly took him to the Sierra Leonean Parliament where he was questioned by members of Parliament after which he was detained overnight by the police. He was released on February 1, 2017 but his passport was confiscated by the police.

After several calls from both local and international human rights organisations, the police finally returned his passport which had been with them for the past 45 days.

The rights activists condemned the confiscation of his passport as illegal and an affront to democracy and human rights.

Fatoma thanked all stakeholders including AFEX for demanding the return of his passport.

AFEX welcomes the recent development and once again urges the security agents in the country to respect the fundamental rights of citizens at all times.

AFEX Urges Cameroonian Government to Heed Calls: Unblock Internet and Release Arrested Citizens

Felicia Anthonio
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AFEX Urges Cameroonian Government to Heed Calls: Unblock Internet and Release Arrested Citizens

Exactly sixty days ago, today (March 17, 2017), the government of Cameroon shut down the internet and banned the activities of the Cameroon Anglophone Civil Society Consortium (CACSC), a group of eminent citizens from the Anglophone regions set up to dialogue with the government on the ongoing protests in the country.

Since November 2016, there have been protests in Cameroon’s two Anglophone regions stemming from the decision of the government to impose French language in schools and courts of the predominantly Anglophone regions. This move has been described by leaders and people of the two regions as evidence of the Cameroonian government’s policy to “marginalise the English-speaking minority.”

On January 17, 2017, the national telecommunication and internet service provider, CAMTEL, shut down internet services in the North-west and South-west regions of Cameroon. On the same day, the government banned activities of the CACSC. The police arrested two leaders of the CACSC, Dr. Nkongho Felix Agbor-Balla and Dr. Fontem A. Neba.

From January 17 – March 17, 2017, several influential local and international human rights organisations, networks, agencies, and millions of individuals have condemned the internet shutdown and the arbitrary arrests of Dr. Agbor-Balla and Dr. Neba as a flagrant abuse of the fundamental rights of the people of the affected regions. Several appeals by the international community urging the President of Cameroon, Paul Biya to restore the Internet and resort to dialogue in order to resolve the situation and bring calm to Southern Cameroon remain futile.

On January 17, 2017, the Association for Progressive Communication (APC), an international network of about 50 members from 35 countries denounced the shutdown and called on the government of Cameroon to order the immediate reinstatement of internet connectivity for all citizens and residents of Cameroon as well as take urgent measures to align Cameroon’s policy, statutory and regulatory instruments with international law.

Furthermore, on January 20, 2017, Amnesty International also called on the Cameroonian government to unconditionally release Dr. Agbor-Balla and Dr. Neba and as well as lift the ban imposed on the activities of the Consortium.

On January 22, over 20 Civil Society Organisations (CSOs) from around the world jointly petitioned the Cameroonian government to restore Internet connectivity in the two Anglophone regions as well as demonstrate its commitment to protect human rights online.  Again on February 17, 2017, the CSOs presented another letter to the telecommunications companies in the country urging them to unblock the Internet.

Similarly, the African Freedom of Expression Exchange (AFEX), a network of freedom of expression and media rights organisations in Africa, on January 24 urged the Paul Biya government to protect freedom of expression rights. The AFEX network again called on the government on February 24, 2017 to unblock the internet and release the leaders of the Consortium.

In addition, Professor Sean O’Brien, Head of International Human Rights Law at Notre Dame University in the US, on January 31, filed a petition for urgent action with the Special Procedures of the United Nations Human Rights Council after Dr. Nkongho was charged with treason, terrorism, and other capital offenses by a military court in Cameroon.

The UN Special Rapporteur on freedom of expression, David Kaye, on February 10, called on the government of Cameroon to restore internet services to the two affected regions. He expressed concern at the tightening of the noose on freedom of expression at a time where its promotion and protection should be of the utmost importance. Kaye further indicated that “a network shutdown of this scale violates international law – it not only suppresses public debate, but also deprives Cameroonians of access to essential services and basic resources.”

On February 13, 2017, the Law Society of Upper Canada, a network of over 50,000 lawyers and some 8,000 paralegals petitioned President Paul Biya to free Barrister Nkongho Felix Agbor Balla. The letter also called on President Paul Biya to comply with Cameroon’s obligations under international human rights laws, including the United Nations’ Basic Principles on the Role of Lawyers.

On February 16, 2017, some 10 members of Parliament and Senators of the ruling Cameroon’s People’s Democratic Movement (CPDM) in North-west region also joined the international community to demand the release of the leaders of the CACSC.

On March 8, 2017, the Mo Ibrahim Foundation joined the International community to appeal to the Cameroonian government to facilitate efforts to restore the internet and mobile services.

Despite these and other calls made by other human rights groups, the government of Cameroon is yet to respond as the Internet connection remains blocked. Dr. Agbor-Balla and Dr. Neba have also been charged by the Yaoundé military court for alleged acts of terrorism, inciting civil war, inciting secession, and spreading false information. The two who could face the death penalty if found guilty under Cameroon’s Anti-Terrorism law, have pleaded not guilty to the charges.

Millions of individuals across the globe have condemned the Internet blockage in Anglophone Cameroon and the arrest of leaders of the Consortium on social media with hashtag #BringBackOurInternet.

In 2015, experts from the United Nations (UN) Organisation for Security and Co-operation in Europe (OSCE), Organisation of American States (OAS), and the African Commission on Human and Peoples’ Rights (ACHPR), issued a historic statement declaring that internet “kill switches” can never be justified under international human rights law, even in times of conflict.

Similarly, in July 2016, the United Nations Human Rights Council passed a landmark resolution that condemned Internet shutdowns or disruptions during important national events such as elections, protests or terror attacks.

Internet shutdowns deny citizen access to critical information. Aside this, it has a weighing effect on the economy. As at February 20, 2017, four weeks after the shutdown was imposed in Cameroon, Access Now, an international non-profit organisation estimated financial loss from the shutdown at $1.39 million.

The African Freedom of Expression Exchange (AFEX) again appeals to President Paul Biya to respond to the calls of the international community by:

  • Unconditionally restoring Internet access in the North-west and South-west regions.
  • Releasing those arrested and resorting to dialogue in resolving the crisis.
  • Demonstrating commitment to uphold and defend human rights as enshrined in the Constitution of Cameroon as well as regional and international frameworks to which Cameroon is signatory.

Uganda: Court Acquits Four Journalists of Criminal Defamation Charges

Felicia Anthonio
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This statement was originally published on hrnjuganda.org on March 16, 2017.

The Chief Magistrates Court at Buganda Road has acquitted four journalists of criminal defamation and convicted the source of defamatory information.

Madina Nalwanga, Patrick Tumwesigye of New Vision and Benon Tugumiisirize, Ronald Nahabwe formerly of Red Pepper were found not “criminally liable” for what was published and had no intention to defame the complainants. However court found Ssegawa Tamale, the provider of the information guilty and will be sentenced tomorrow 17th March 2017 at 2:00 P.M

“I am convinced by the evidence of A2 (Madina Nalwanga), A3 (Patrick Tumwesigye), A4 (Benon Tugumisirize and A5 (Ronald Nahabwe) that the defamatory matter that was published was conveyed by A1 (Ssegawa Tamale). I therefore do not find A2, A3, A4, and A5 criminally liable since they had no intention to defame. A2, A3, A4, A5 are acquitted and are accordingly set free,” the Chief Magistrate Karemani Jameson said. The trial lasted for two years.

The Chief Magistrate further said: “since the story that was published had not been proved to be true, the provider (Ssegawa) of the information participated in the publication and had the intent to defame and I accordingly convict him.”

On 13th August 2015, Ssegawa and the four journalists were charged with publishing defamatory stories in their Newspapers against city businessmen, Ephraim Ntaganda and Drake Lubega alleging that the duo wanted to kill Ssegawa because of a land wrangle. They pleaded not guilty to the charges and were granted a cash bail of two million shillings each. Vision Group secured four million shillings for its journalists and the Red pepper journalists were remanded to Luzira prison for failure to raise the money. Human Rights Network for Journalists-Uganda’s (HRNJ-Uganda) legal team secured a production warrant and the journalists were brought to court on 19th August 2015 and were subsequently released after fulfilling the bail conditions.

In his judgment, the magistrate noted that whereas the four journalists published the story without verifying, he could not criminally hold them liable for being negligent. He acquitted all the accused journalists on charges of defaming Drake Lubega.

The excited journalists said they were happy to regain their freedom and very grateful to HRNJ-Uganda and the Vision Group legal team for the support rendered to them.

Criminal defamation remains a serious threat to press freedom and an unnecessary restriction to the enjoyment of press freedom and freedom of expression. The law is always invoked under the guise of protecting reputation of people mainly the powerful. In 2009, the Constitutional Court of Uganda held that criminal defamation is necessary to protect the people’s reputation.

In December 2014, HRNJ-Uganda assisted the late Ronald Ssembusi to challenge the use of the criminal defamation law in Uganda at the East African Court of Justice. He argued that the law is contrary to the democratic norms as enunciated in the East African Treaty. The reference is yet to be heard by the court.

Meanwhile, the Kenyan High court in February 2017, ruled that criminal defamation is not a necessary restriction to freedom of expression and as such is unconstitutional. The same position was held by the African Court on Human and People’s Rights in December 2014. Several African countries like Zimbabwe and Zambia have taken the same path.

Uganda: Business Woman Jailed One Year for Assaulting Journalist

Felicia Anthonio
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Uganda: Business Woman Jailed One Year for Assaulting Journalist

This statement was originally published on hrnjuganda.org on March 15, 2017.

A business woman in Kayunga District, Naluwa Rose, has been convicted and sentenced to a one year jail term by the Magistrates’ Court at Kayunga, for assaulting a Sauti FM journalist Mukiibi Sula.

“I have critically analyzed the evidence submitted by the prosecution and the defence and therefore find the accused person guilty of assault occasioning actual bodily harm,” Grade Magistrate One, Akello Irene, told a fully packed court.

“Since the convict is a first time offender, this court will not sentence her to the maximum sentence provided by law but instead to a one year custodial sentence,” Akello said.

Speaking after the judgment, the cheerful Mukiibi told Human Rights Network for Journalists-Uganda; “Am so happy that I have finally got justice. This should serve as an example to other people who beat up journalists in the course of their duties.” Mukiibi Said.

On 4th June 2015 Mukiibi Sula, a Sauti FM journalist was beaten by Naluwa Rose as he was going to cover a story of a land wrangle. Mukiibi who was on his way home at about 6:30 pm, found people gathered by the road side at Kyampisi Village, Kayunga District. He decided to inquire from four ladies who were seated across the road to ascertain what was happening.

To his bewilderment, the convict Naluwa Rose pounced on him and started beating him accusing him of being a spy. He sustained injuries on the back and the neck. He reported the matter to Bukoloto police station which arrested Naluwa on 25 February 2016.

Prosecution led by Nansubuga Betty adduced evidence in court that on 4th June 2015, Mukiibi was beaten by Naluwa while covering a suspected land wrangle at Kyampisi village. The crime carries a maximum sentence of five years in jail.

On Friday 10th March 2017, the Grade One Magistrate, Buganda Road Court, Kamasanyu Gladys, sentenced a senior police officer, Joram Mwesigye, to a fine of one million shilling for assaulting Andrew Lwanga of formerly WBS TV. Lwanga now walks with support of clutches as result of the beatings by the police officer. The court directed Joram to compensate the journalist with five million Uganda shillings. HRNJ-Uganda has promised to work with the office of the Directorate of Public Prosecution to appeal against the sentence,

“We are pleased by the decision taken by the Magistrate to convict and sentence the journalist’s attacker. This is the only way we can fight impunity in Uganda. This should serve as an example to other people who violate journalists’ rights.” said the HRNJ National Coordinator Robert Ssempala.

Nigeria: 54 Radio and Television Stations Shut Down by Regulator

Felicia Anthonio
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The licences of 54 broadcast stations in Nigeria have been revoked over failure to pay mandatory fees.

The Director General of the National Broadcasting Commission, Mr. Is-had Modibbo, who announced this at a press conference in Abuja on March 13, 2017, said the decision followed the expiry of a 60-day grace period given to the owners of the affected stations.

The decision means the frequencies of the affected television and radio channels are no longer available for their listeners and viewers. The situation could become worse with the head of the NBC warning of similar sanctions against 120 other stations who have failed to start operating after receiving their licenses two years.

“There is another list of over 120 licences that were paid within the mandatory period but were unable to come on air within the mandatory two years; they are also being processed for revocation,” Modibbo said.

Given the heavy loss of revenue that a station will incur when it is shut down, the MFWA believes it is unlikely that any media owner would deliberately risk such sanctions.

Incidentally, the NBC boss disclosed that some of the stations do write to complain that the fee is too high and to indicate “how much they are willing to pay and even adding the time they are going to pay such sums.” The MFWA encourages the NBC to respond to positively to these overtures and to try to find a common ground with the affected stations.

The closure of the 54 stations is a major blow to citizens’ right to receive information about local, national and international issues concerning their lives. A prolonged period off air will compound the already precarious finances of these stations and keep hundreds of media professionals out of work. We therefore appeal for dialogue leading to the eventual reopening of the stations concerned.

AFEX Condemns Grenade Attack on Journalists in DRC

Felicia Anthonio
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AFEX Condemns Grenade Attack on Journalists in DRC

Police in the Democratic Republic of Congo (DRC) on March 9, 2017 threw a grenade at a group of journalists covering a mob action which resulted in the injury of two journalists.

The two, Roger Ebolinda working with Radio Haki Za Bin Adamu and Sefu Kabemba working with Radio Inter Viens et Voies were both hit by the shrapnel of the grenade in the legs while covering an altercation between the police and angry residents who wanted to lynch two suspected thieves in Alunguli district in Kindu, capital of Maniema province in DRC.

According to a member of the African Freedom of Expression Exchange (AFEX) in DRC, Journaliste in Danger (JED), the grenade seriously injured Roger Ebolinda in the right leg and Sefu Kabemba in the left heel.

The injured journalists were quickly rushed to Kindu General Hospital and have since been receiving medical treatment.

In a statement issued on March 13, 2017, JED condemned the attack on the two journalists and called on the country’s authorities to punish the police officers responsible.

“Journalist in Danger (JED) strongly condemns this deliberate attack targeted at journalists who were carrying out their duty. JED demands that sanctions be imposed on the police officers responsible for this attack on journalists’ physical integrity,” the statement said.

AFEX joins JED to condemn the action of the police which has resulted in the injury of the two journalists who were carrying out their legitimate duty. We express concern about the deteriorating freedom of expression situation in the DRC and urge the government to ensure journalists’ safety at all times. The use of grenade at the scene by police officers against journalists who were only doing their work was unwarranted.

We urge the police authorities to investigate and punish the officers responsible for this unacceptable act to serve as a deterrent to others. The police must also compensate the victims for their injury and medical bills.

 

Ending Impunity: Minister Apologises to Journalist

Felicia Anthonio
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Ending Impunity: Minister Apologises to Journalist

Interior Minister of The Gambia, Mai Fatty has publicly apologised to Kebba Jeffang, the Foroyaa newspaper reporter who was assaulted by supporters of three of the political parties that form Gambia’s ruling coalition.

Supporters of the United Democratic Party (UDP), National Reconciliation Party (NRP) and the Gambia Moral Congress (GMC) physically assaulted Jeffang at a press conference on March 4, 2017 for asking a question about a rumoured disunity among the coalition partners.

The incident, which took place in the presence of the leaders of the coalition parties, drew widespread condemnation. After protests by the Gambia Press Union which subsequently called a reconciliation meeting between the journalist and the parties involved, Mai Fatty, who is leader of the NRP and also the Interior Minister, publicly apologised to Jeffang on March 10, 2017.

Jeffang has meanwhile welcomed the verbal apology, but said he was awaiting a written apology from the three political parties as agreed at the mediation.

“To save my integrity, I do not need any financial compensation, all I want is a written apology from the three political parties involved,” the observergm.com news portal quotes the journalist as saying.

General Secretary of the GPU, Saikou Jammeh, expressed his joy at the development through a post on his Facebook page:

“I never thought that in my lifetime a minister will call a journalist and publicly apologise. This is unprecedented. Let’s appreciate it. Let’s appreciate the dialogue that brought it about. We thank Jeffang and Mai for their cooperation. Dialogue produces efficient and effective justice.”

The MFWA welcomes the goodwill and maturity that all parties in the matter have shown. We urge political party leaders to show by example that they respect journalists and their work and to educate their supporters to be tolerant of the media.

Nigeria: Judge Sacks Journalist from Courtroom

Felicia Anthonio
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This statement was originally published on mfwa.org on March 9, 2017.

A judge in the Igbosere Magistrates Court, Lagos, H. O. Amos, on March 5, 2017, sacked a reporter of the Vanguard newspaper, Onozure Dania, from the courtroom for covering proceedings he was presiding without prior permission.

The judge also insisted that he must vet the reporter’s script before it can be published.

Onozure Dania had gone to the Magistrates Court to cover a case in which an applicant was seeking to withdraw surety for a defendant. In the course of the proceeding, court registrar informed the judge about the presence of the journalist. Amos, who is reported to have a reputation for barring media personnel from his court, abruptly stopped the proceedings and asked the journalist to identify herself.

After Onozure mentioned her name and identified herself as a journalist, the Judge asked her to declare her interest in the case, to which Onozure responded:

“I have no interest in the matter. I cover the judiciary and that is why I am here.”

The judge further asked whether Onozure obtained permission from him before entering the courtroom.

“I don’t need to take permission as the court is a public place. I cover even the high courts and I have never been asked if I took permission before covering proceedings in the high court,” Onozure replied.

The judge then instructed: “If you want to write anything from this court, I must vet it before it is published,” the judge instructed. When Onozure protested against this demand, the judge ordered her out of the courtroom.

About a year ago, on February 8, 2016, the same judge ordered a group of journalists out of his court and demanded written permission before they could access the courtroom to cover proceedings.

Journalists often face hostility from court officials and persons involved in disputes at the courts. They are sometimes assaulted just for performing their professional duties. On January 10, 2017, for instance, security officials on duty at a Federal High Court in Abuja denied a group of journalists entry into the courtroom, leading to noisy protests. When the journalists were eventually allowed, they could follow the proceedings only from behind a curtain.

The MFWA considers as a dangerous precedent, Judge Amos’ bid to introduce censorship in his court, and commend the courage of Onazure in rejecting that attempt.

We urge the judicial authorities in Nigeria to call to order overzealous security officials, court clerks, registrars and judges who frustrate journalists at the various courts when they are carrying out their work. We believe that setting up a judicial press corps and the designation of a specific seating place in the courts for the media would help sanitise the situation.

Police Officer Convicted of Assaulting a Television Journalist

Felicia Anthonio
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Police Officer Convicted of Assaulting a Television Journalist

This statement was originally published on hrnjuganda.org on March 10, 2017.

The Chief Magistrates Court at Buganda Road has found the former Division Police Commander (DPC) of Old Kampala, Joram Mwesigye guilty of assaulting a WBS Television journalist, Andrew Lwanga. He has been fined (Sentenced) one million shillings (USD 282), and Five million shillings (USD 1,409) compensation to the assaulted journalist which he has to pay in 30 days. If Joram fails to make the payments within 30 days, he will serve one year in prison. The journalists present at court reacted angrily to the sentence, describing the process as a miscarriage of justice.

Court parked to full capacity, presided over by the Buganda Road Court Grade One Magistrate Gladys Kamasanyu acquitted Joram on two other counts of malicious damage to property. Lwanga accused Joram of damaging his camera whereas Ssetimba of Bukedde TV accused Joram of tearing his trouser.

However the former DPC Mwesigye Joram was acquitted on these two counts of Malicious damage to property, with Court ruling that there was no proof of ownership of the said items, like receipts by the prosecution led by Patricia Chingitho.

Her Worship Kamasanyu based her conviction on the evidence of four prosecution witnesses that included three journalists, a television librarian who tendered in a video footage and a Doctor that examined Andrew Lwanga. The magistrate said that she viewed the footage tendered by the librarian of NTV and ruled that there was absolutely no reason why Lwanga was assaulted since he was properly identified in his blue WBS TV T-shirt, busy doing his work. She said that the journalists properly identified Joram as the one who was wearing a Kaki police uniform with his name on it, holding a stick that beat up Lwanga.

She noted that Lwanga was deeply hurt and his body was tampered with; he sustained injuries on his head, left ear and chest, thereby causing him actual bodily harm. The magistrate however handed Joram a light sentence saying he has been remorseful and regretful of his actions throughout the trial, on top of being suspended from active police service.

Andrew Lwanga however described the process as a mockery of justice which would not help journalists scare away potential perpetrators.

“Am dissatisfied with the outcome of the court. This judgment is a mockery of justice, and I will appeal against the sentence and the acquittal on the two counts. Joram has walked away scot-free with such a light fine, yet for me, am still suffering and undergoing treatment, I have no job, I lost my property in the process and remain deformed”. Said Lwanga

Lwanga was assaulted on 12th January, 2015 at Florina bar and guest house on Namirembe road in Kampala, as him and other journalists were covering unemployed youths who were taking a petition to IGP Kale Kayihura, and carrying placards reading, “we want jobs.”

Human Rights Network for Journalists-Uganda described the judgment as an insult to journalists. “We were surprised when court acquitted Joram of malicious damage to property yet he is seen in the video -which the Magistrate said she watched many times, hitting the camera with a stick. The sentence handed to Joram is also not deterrent to perpetrators from assaulting journalists on duty. We believe the judgment is an insult to journalists and renders them more susceptible to attack by such errant security officers. This judgment should be appealed aganist.” Said the HRNJ-Uganda National Coordinator, Robert Ssempala

 

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