Security forces in Uganda are yet to withdraw from around the home of presidential challenger Bobi Wine, despite a ruling by a judge on Monday rebuking authorities for holding the candidate under house arrest 11 days after a disputed election.
Wine, whose real name is Robert Kyagulanyi Ssentamu, has been unable to leave his home since 14 January, when Ugandans voted in an election in which the 38-year-old reggae star turned politician was the main challenger to 76-year-old Yoweri Museveni.
Ugandan authorities have said Wine can only leave his home on the outskirts of the capital, Kampala, under military escort because they fear his presence in public could incite rioting.
However, Justice Michael Elubu said in his ruling that Wine’s home was not a proper detention facility and noted that authorities should criminally charge him if he threatened public order.
“It is my finding that the continued indefinite restriction and confinement of the applicant to his home is unlawful. [As a] result … his right to personal liberty has been infringed … Consequently, an order for the restoration of the personal liberty of the applicant [is] hereby issued,” the judge said.
Wine’s associates and supporters welcomed the courtroom victory, but similar orders have been ignored by authorities in many previous cases.
“The High Court ruled this morning that my continued house arrest … is illegal & unconstitutional. Several hours later, the military still surrounds my home, blocking access to all! Perhaps (as always) waiting for Gen. Museveni’s orders on the next course of action,” Wine tweeted in the early afternoon.
Both the police and military said they would comply with the order.
Brig Flavia Byekwaso, Uganda’s military spokeswoman, said the armed forces were “not above the law”.
“We are law-abiding institutions. So we shall have to go with what the court has really ruled and put to us,” she said.
Fred Enanga, Uganda’s police spokesperson, told reporters that as “a law-abiding institution and one which respects and upholds the law, we are going to abide by the ruling”.
The police would, however, “maintain surveillance to ensure [Wine] doesn’t break the law during this period”.
Museveni won the election with 58% of the ballots cast while Wine had 34%, according to official results. Wine insists he was the winner and claims the military was stuffing ballot boxes, casting ballots for people and chasing voters away from polling stations.
Authorities moved to restrict Wine’s campaign, though say their actions were entirely lawful.
On one occasion, police confronted the presidential candidate Bobi Wine during an online press conference where he announced a petition to the international criminal court to investigate rights abuses in the country.
Wine is urging his supporters to protest against his loss through non-violent means but suggested in a statement on Friday that he might not launch a court challenge to the official results because of concerns a defeat would validate Museveni’s win. He said he would announce a decision “in a few days”.
Museveni has dismissed allegations of vote-rigging, calling the election “the most cheating-free” since independence from Britain in 1962.
Last week, security forces cordoned off the officers of Wine’s National Unity Platform (NUP) party in the capital. The move was aimed at complicating its efforts to collect evidence of poll irregularities. Uganda then accused the US of trying to subvert the presidential elections after the US ambassador attempted to visit Wine at his home.
The election was marred by violence in the run-up to polling day with dozens shot in protests.
There has never been a peaceful transfer of power in the country – one reason why even some within the ruling party publicly urge Museveni to preside over an orderly transition.
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