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ROGERS WADADA: The Acacia Mall shooting of suspected robbers amounted to extra-judicial killing

by ROGERS WADADA | GUEST WRITER
16/01/2025
in News, OpED
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Mr. Roger Wadada Musaalo, a Lawyer, human rights activist, researcher, and politician (PHOTO/Courtesy).
Mr. Rogers Wadada Musaalo, a Lawyer, human rights activist, researcher, and politician (PHOTO/Courtesy).

On the evening of Monday, January 13, 2025, Kamwokya was a danger zone as a joint operation of security forces “foiled” what they referred to as an attempted robbery. According to the police, a group of seven suspected robbers had planned to rob and not robbed a female Bank client after withdrawing an unspecified sum of money from Acacia Mall.

Later that day, the police confirmed that seven assailants were put out of action around Total Fuel Station, Acacia Mall, and Corner House near Mawanda Road while the others managed to escape. The police reported having recovered two motor cycles, pepper spray and two pangas but not much is said about the money that was targeted by the robbers.

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For me, that is the crust of my suspicion and I think the Minister of Internal Affairs has reason to question as he has done. Was the money taken by the “assailants” or one of the operatives managed to escape with the loot. If the money was not grabbed from the woman, why did the operatives behave the way they did, what were they hiding in killing the suspects instantly?

True, assailants of this kind are bad and don’t deserve any mercy, not even a place in society but the manner in which they were executed raises eyebrows. I also know that many Ugandans who have experienced an attack of this kind especially by the infamous kifesi are happy for what the operatives did but I am personally looking at this issue from a different perspective.

I believe there is something that the police are hiding and I believe the police owe us a better explanation. Were the robber caught red handed or they were shot even before they executed their mission. I am asking these questions not because I feel sorry for the “robbers” but there are missing links in the operations that could possibly point to a sinister motive.

The news coverage that evening including video shots by netizens only showed damaged motorcycles near the dead bodies of the assailants and no single deadly weapon. Some of the eye witnesses said some suspects were put out of action by shooting through the head. Why not shot in the legs to incapacitate them yet they were not resisting.

If the security operatives were indeed well trained and well intentioned, why didn’t they simply arrest the assailants more so that they had already established that they were seven in number? Why not arrest some or all alive so that they aid in the investigations. The core mandate of the police is to protect life, not to kill and that is how modern security operations work. You do not shoot to kill a suspect simply because you are a security operative with a gun.

In one of the interviews, the police mouth piece said the assailants were on the police watch list and believed to be connected to a series of previous robberies in and around Kampala. According to Kituuma, police deployed officers to key locations, leading to the interception of suspects traveling on motorcycles while tracking their would be victim from Acacia Mall.

Kampala Metropolitan Police Spokesperson Patrick Onyango confirmed the incident, stating that the operation was a tip off. He revealed that strategic deployments around the bank and nearby roads were informed by intelligence reports about the planned crime. This means that there was sufficient man power by the operatives to arrest the suspects alive.

It is alleged that one of the suspects sustained critical injuries and remains under police watch. Onyango was quick to add that tools allegedly used in the gang’s previous robberies were recovered and are with the police. How Onyango was able to know that these were the same tools used in previous robberies is an over statement perhaps to justify the senseless killings.

Frightened eye witness accounts revealed sporadic high-speed chase and gunfire that unfolded akin a movie scene. The eye witnesses reported that three suspects were shot dead at Mawanda Road Junction, two at Kasasiro Road, and one near Acacia Mall by mainly plain cloth operatives armed with pistols. It was hard to tell whether some of the victims were assailants or pedestrians as many people were seen walking back home from work. 

Some time back in October, 2018, the internet was awash with a disturbing video depicting the inhumane manner in which security operatives were filmed arresting and beating Yusuf Kawooya with gun butts. Alarmed by public outcry, the president issued strict guidelines to security forces on how they should handle suspects before, during and after arrest.

By their training, security personnel are equipped with skills to exercise patient and restraint but also firm in their actions. If the criminal resists arrest, reasonable force must be engaged to wrestle them down and handcuff and if they try to use a deadly weapon while in close proximity, shoot so as to disable. If they are threatening to harm civilians or destroy property, shoot after due warning. Museveni warned while referring to his May, 2017 letter to security organs.

In the guidelines issued, Museveni said that if a suspect tries to use a knife or gun or any other dangerous object, security operatives going to arrest him should shoot only to disable and not kill him. The President opined that any criminal arrested should never be beaten or mistreated because it is not only unfair but also gives a bad image to the country.

In the same year, the army and police raided what they called a suspected terror cell in Namungoona within Rubaga Division. During that operation, they shot and killed a one Abdul Kateregga suspected to be part of group that killed Muhammad Kirumira. Those who witnessed the incident confirmed that Kateregga was not armed and did not even put up any resistance.

Whenever a criminal such as the ones in Kamwokya are apprehended, the public is always anxious to have them punished preferably by mob justice but modern trends dictate otherwise. If such people are killed, the much needed evidence to rid society of the vice is compromised. The bad guy ends up getting sympathy from the public and human rights defenders.

So long as the core mandate of Uganda Police is to detect, investigate, arrest and interrogate the suspect for purposes of arraigning them in court; getting applause from the public is not enough as many never get to understand the underlying dynamics. Killing is not an option unless it is done under very peculiar and acceptable circumstances prescribed by law.

The way Patrick Onyango and Kituuma were stammering during the press briefing spoke a different language. It was not necessary to say the same group had previous stolen money from different people raises questions on how the police knew that it was the same group. One would be tempted that the police know where to find these assailants. That notwithstanding, we must end this culture of senseless shooting as it may breed impunity and misuse of authority.

The Uganda Human Rights Commission needs to pick interest in this matter; the reasoning of the Uganda Police has left glaring gaps that need a thorough investigation. The readers are at liberty to abuse me as they wish but whoever commanded the operation and whoever participated in the shooting must be arrested, demoted or fired from the Police. Otherwise, some of these boys could have been killed to settle personal scores with those who use them for mischief. .

Wadada Rogers is a commentator on political, legal and social issues. wadroger @yahoo.ca

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Tags: Human RightsInvestigationKamwokyalethal operationPolice Brutalityrobberysecurity forcessuspects killedUgandaUganda Human Rights Commission

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