Kampala, Uganda | URN | Military prosecutors have withdrawn charges of conduct prejudicial to good order and discipline against Lance Corporal John Nuwagira before the General Court Martial in Makindye. Nuwagira was accused of having a sexual affair with the wife of his superior Lt. Robert Turyahabwe.
The Prosecutors had alleged that while at Makenke barracks in Mbarara District in 2021, Nuwagira committed adultery by developing an illegitimate and irresponsible relationship with Annet Kobusingye, the wife of Lt. Turyahabwe who was away in Somalia on official duties. Nuwagira pleaded not guilty to the charges.
Nuwagira was arrested on March 8, 2022, shortly after Lt. Turyahabwe who was a Prosecutor in the Unit Disciplinary Committee -UDC accused him of disorganizing his family when he left Mbarara in 2019.
His case was transferred from the UPDF Second Division in Makenke Barracks to Kampala for his own safety. Lt. Turyahabwe is currently the Legal Officer of the Masaka Armoured Brigade, according to the investigation report. Some of the findings indicate that the wife Kobusingye denied being married to Lt. Turyahabwe on the basis that he had never wedded her officially.
But when the matter came up before the Court presided over by Brigadier Robert Freeman Mugabe for hearing on Monday 17, October 2022, the Prosecutors comprising Private Regina Nanzala, Anthony Phillip Olupot and Lt. Gift Mubehamwe instead tendered before Court a document indicating that the prosecution was no longer interested in the matter.
The UPDF Act gives the Prosecutors power to withdraw charges against an accused person in the Court Martial at any stage of the case with the exception of cases pending judgement. According to the UPDF Act, if the court had gone ahead to try Nuwagira and found him guilty of the crimes against him, the punishment available for him was dismissal from the army with disgrace.
Nuwagira has been both in detention in Makenke and on remand at Makindye Military Barracks for a combined period of more than seven months.