Ugandan Court Declares Mosque Raid Illegal

The police raid on a Kampala city Mosque in 2017 was illegal and unlawful, High court ruled on Monday.

Justice Musa Ssekana delivered the judgment following an application filed by Siraje Kifampa, the then Public Relations Officer Jammiyaat Daawa Asaalafiyah and Sheikh Yusuf Musa Musuda, the Imam of Nakasero Mosque protesting the police raid on December 27, 2016, without a search warrant.

The applicant through their lawyer, Isaac Ssemakadde told the court that police officers raided the mosque and indiscriminately battered and arrested whoever they found there.

They also claimed that the police operatives pillaged and vandalized the whole mosque in search of what up to date is unknown to them and the rest of the Jamiyyat Daawa Assalafiyyah Muslim Community of Nakasero Mosque.

The applicants also alleged that the police officers looted property from the mosque, including but not necessarily limited to priceless Islamic artifacts, computers, sockets, mobile phones, chargers, motorcycles, and cash among others.

They told the court that the actions of the officers wounded their feelings and those of other members of Jamiyyat Daawa Assalafiyyah Muslim Community, offended their religion and caused them to suffer less favorable treatment and stigma in law enforcement on grounds of their religion.

They argued that the conduct of security was unacceptable and unjustifiable in a free and democratic society like Uganda. They asked the court to declare such actions illegal and order the state to compensate them for the inconveniences caused.

Detective Assistant Superintendent of Police, Celsius Ocowum who testified for the state opposed the application. He explained that the raid was done in respect of their investigations into the murder of Major Muhammad Kigundu and his bodyguard, Sergeant Stephen Mukasa who had earlier on been gunned down in the city suburbs.

Court heard that the security had been directed by Haji Ayub Nyende, the General Secretary Jamiyyat Daawa Assalafiyyah, one of the murder suspects that some vital information relating to Kigundu’s murder could be found at the mosque.

In his judgment delivered on Monday, Justice Musa Ssekaana said there was no evidence whatsoever to prove all the actions of the security officers.

He said the failure by security to secure a search warrant aggravated the situation because there were no guidelines on how the search was to be conducted.

"Places of worship should be searched in a manner that preserves the dignity and sanctity of the place and above all in an orderly and organized manner", said Ssekaana.

He noted that the violation at the places of worship affects the entire community and persons who profess and practice such religion.

"This could have far-reaching effects on the entire country due to recklessness of persons who are carrying out the search,” Justice Ssekaana noted.

He also observed that there was no proof that whatever was picked from the mosque was submitted to the Magistrate in the form of evidence as claimed by the police.

He, therefore, directed the government to compensate Nakasero Mosque Administration Shillings 50 million for the inconveniences caused to them and return everything that was picked from the Mosque.

He also awarded the applicants the costs of the suit. Siraji Kifampa, one of the applicants told on the phone that the award of Shillings 50million is too little compared to Shillings 100 million that was robbed from the mosque. He promised to get back to their lawyer after reading the judgment and see if they can appeal.

Contributed by Ahmed Wetaka, Kampala-Uganda