UPDF: Peter Elwelu Faces Court Martial, Did Not Voluntarily Surrender

• The Uganda People's Defence Forces denied claims that Peter Elwelu voluntarily surrendered, stating he gave up only after being cornered.
• The military also refuted reports that President Museveni guaranteed Elwelu's personal safety as part of any deal.
• Colonel Chris Magezi confirmed Elwelu would face full accountability for his actions before the UPDF General Court Martial.
• Teso political and cultural leaders appealed to President Museveni and General Muhoozi Kainerugaba for intervention and an amicable resolution to Elwelu's detention.
• President Museveni advised leaders to allow security agencies to complete their investigations, assuring them of Elwelu's safety and well-being.

The military command firmly asserted that Peter Elwelu would be held fully accountable for his actions before the UPDF General Court Martial, underscoring a commitment to the rule of law without exception.

The Uganda People's Defence Forces (UPDF) has publicly refuted assertions that former Deputy Chief of Defence Forces Peter Elwelu willingly turned himself in following his arrest. Contrary to these suggestions, the army maintains that Elwelu only surrendered once security forces had effectively surrounded him, leaving him with no other viable options. This official stance clarifies the conditions under which the high-ranking military official came into custody.

Furthermore, the UPDF explicitly dismissed reports circulating that President Museveni had personally assured Elwelu of his safety as part of any agreement for his surrender. The military emphasized that the former general would be required to answer for his conduct before the UPDF General Court Martial, indicating a firm commitment to legal processes over political deals. This rejection highlights the military's insistence on due process for its personnel.

On Thursday, November 5, Colonel Chris Magezi, who serves as the Acting Director of Defence Public Information, issued a statement addressing these claims. He specifically labeled a New Vision headline, "Deal That Saw Elwelu Surrender: Museveni Assured Him of Personal Safety," as misleading. Magezi firmly contested the notion that Elwelu's surrender was a voluntary act, reiterating that it occurred only after security forces had closed in, compelling his peaceful capitulation.

Colonel Magezi further clarified that President Museveni, who also holds the title of Commander-in-Chief, had not at any point extended personal safety guarantees to Elwelu. He stressed the President's confidence in the security forces' capacity to uphold peace, order, and stability. Magezi underscored that all members of the security forces, including those in the Reserve Force, are expected to adhere to strict discipline. The military command firmly asserted that Peter Elwelu would be held fully accountable for his actions before the UPDF General Court Martial, underscoring a commitment to the rule of law without exception.

The military's clarification emerges amidst considerable efforts by political and cultural figures from the Teso sub-region to achieve an amicable resolution concerning Elwelu's detention. This situation has generated significant apprehension within the eastern part of Uganda. On November 4, Members of Parliament representing Teso constituencies, organized under the Teso Parliamentary Group and led by chairperson Simon Peter Opolot Okwalinga, convened an urgent meeting in Kampala. During this gathering, they appealed directly to President Museveni and the Chief of Defence Forces, General Muhoozi Kainerugaba, requesting their intervention in the matter.

The legislators conveyed that Elwelu's arrest had caused unrest throughout the region. They urged that the situation be handled with fairness and caution, emphasizing the importance of national unity. Concurrently, they called upon local residents to maintain calm and refrain from any actions that could jeopardize peace. Beyond the parliamentary efforts, cultural leaders also became involved in seeking a peaceful settlement between Elwelu and the military leadership.

On Thursday, November 5, prominent Teso cultural leaders, including Emorimor Paul Sande Emolot, Teso Queen Juliet Akaliait Among, and Kumam Paramount Chief Raphael Ateker Otaya, met with President Museveni at State House, Entebbe, to seek his direct involvement. Emorimor specifically requested that the President facilitate a dialogue between General Muhoozi and Peter Elwelu, suggesting that any disagreements between them could be resolved through personal intervention. He appealed to the President to bring his "two sons" together for discussion, aiming for peace, harmony, and mutual understanding.

In response, President Museveni reportedly advised the leaders to allow security agencies to conclude their investigations before he would intervene. He also provided assurances that Elwelu was safe and would not be harmed. This meeting followed an earlier engagement in Gulu City on Wednesday, which involved General Muhoozi and his uncle, General Salim Saleh. Reports indicated that discussions at this Gulu meeting touched upon plans for the release of Elwelu, as well as opposition figure Dr. Kizza Besigye and former Kampala Lord Mayor Erias Lukwago. Earlier, on November 3, Soroti City West MP and NRM Vice Chairman for Eastern Uganda, David Calvin Echodu, had urged calm, noting that the arrest had shocked residents and revived fears due to the region's tumultuous history. Echodu mentioned that regional political and opinion leaders had begun consulting relevant government institutions to ascertain the facts and scope of the allegations against Elwelu.

This case highlights the jurisdiction and operational independence of the UPDF General Court Martial in prosecuting high-ranking military officials, even amidst political and cultural interventions. Lawyers advising military personnel or those involved in military-related matters should be aware of the specific procedures and potential external pressures influencing such proceedings.

Source: Original reporting via local Ugandan news sources.