Nixon Agasirwe, the former commandant of the Special Investigations Unit-SIU has applied for bail on grounds that he is suffering from severe hypertension. Agasirwe is facing trial before the Uganda People’s Defense Forces-UPDF General Court Martial in Makindye on two separate files on charges of failure to protect war materials, aiding and abetting kidnapping and unlawful possession of firearms.
He was arrested on October 24th 2017 and appeared in court on February 13th 2018 for unlawful possession of ammunition. He was returned to the same court in August the same year and charged together with his former boss, General Edward Kale Kayihura, the former Inspector General of Police and ten others.
His co-accused include Col. Ndahura Atwooki, Herbert Muhangi, Patrick Muramira and Jonas Ayebaza, Joel Aguma, James Magada, Benon Atwebembeire, Abel Tumukunde and Faisal Katende Amon Kwarisiima, are all Police officers. The others are Rwandan National, Rene Rutagungura and a Congolese, Pacifique Mugenga Bahati alias Ilunga Monga.
The group is accused of unlawful possession of tortoise grenades, which are ordinarily a monopoly of the Defense Forces. They reportedly committed the offence on October 24th 2017 while at Najera, Kira, Division in Wakiso District.
They were also accused of having aided and abetted the actions of subordinate police officers and kidnapped and illegally repatriated Rwandan exiles, refugees and Ugandan citizens to Rwanda including Lt. Joel Mutabazi the former bodyguard of Rwandan President Paul Kagame, Jackson Karemera alias Odinga and Sargent Innocent Kalisa.
The police officers were also accused of having failed to supervise and ensure accountability for the arms and ammunition issued to specialized units under the office of the IGP and ended up giving some to Abdullah Kitatta, the former Patron of Boda Boda 2010 who has since served his sentence.
Agasirwe wants to be released from Makindye Military barracks where he has been on remand for more than years such that he can go and seek specialized medical treatment. He contends that there is no way he will interfere with investigations and neither does he have the capacity to do so.
He also contends that the charges against him are bailable and that he is entitled to a constitutional presumption of innocence. “I have school-going children and of whom I am their sole breadwinner and my incarceration is vesting upon them financial hardship and psychological stress” reads his affidavit.
Adding that “I have a fixed place of abode at Kiyinda LC1, Kiira Parish, Kiira Division, Kiira Municipality, Wakiso District within the jurisdiction of this honourable Court”. According to Agasirwe, he is ready to abide by any terms and conditions that may be imposed on him by the Court, saying that he has been advised by the General Court Martial Defense lawyers that the Court has the discretion to release him on bail.
“It is in the interest of justice that I be released on bail to enable me to have adequate time to prepare my defence and exercise my right to a fair hearing”. According to Agasirwe, he has substantial sureties including his brothers and friends.
In February 2018, the military court denied Agasirwe bail on grounds that his sureties were not substantial since they had not presented any letter from the IGP allowing them to stand surety for him. Agasirwe, whose bail application is fixed for hearing on March 1st, 2022 before the General Court Martial last appeared in Court in 2018.
Four years later, Agasirwe has never been tried. All his co-accused were released at the peak of the Uganda-Rwanda border closure tension, leaving him as the only suspect on the files.
