The Entebbe Senior Magistrate Grade One, Edgar Tibayeita Tusiime, has convicted Shoe Hawker and National Unity Platform (NUP) member, Juma Musuuza alias Madubarah, on six counts: three counts of hate speech and three counts of malicious information against President Yoweri Museveni, Speaker Anita Among, and First Son Gen Muhoozi Kainerugaba.

The court heard that in October last year, Musuuza, while in Wakiso district or thereabout, using the TikTok account Madubarah UG, sent or shared information likely to ridicule, degrade, or demean Yoweri Kaguta Museveni.

“If Museveni hands over power to his drunkard son, the country will be destroyed within two days; let Ugandans pray for our country and ourselves,” he said.

The court heard that in the same month, Musuuza shared information saying, “If Muhoozi takes over power from his father, the country will be destroyed within two days according to how he drinks, and whoever talks, we shall kill or arrest you relating to Muhoozi Kainerugaba, the first son.”

Court further heard that Musuuza said, “Using taxpayers’ money to build a mansion which is better than the State House and buying bleaching jelly (chemicals) relating to Anita Among, the Speaker of Parliament.”

While convicting Musuuza, Mr Tibayeita said the court reached its conviction in the case that has taken close to a year after adducing evidence presented by the prosecution, including three witnesses: Fred Tumusiime, a liaison officer between the Special Forces Command (SFC) and Police; Detective Corporal Congo Richard; and SP Henry Kenneth Angura.

Tibayeita said Tumusiime told the court that upon seeing the videos posted on the TikTok account Madubarah UG, he perceived the words were meant to ridicule the President, First Son, and Speaker Anita Among, and it’s for that reason that he opened up a case against the user of the TikTok account Madubarah UG, who was tracked and arrested by the police.

Tibayeita said the defense team opted not to give any evidence before the court during the trial and questioned the jurisdiction of the court hearing the case, asking for the case to be dismissed by the courts, which the court overruled. “Defense counsel further argued earlier in his submission that the alleged malicious information and hate speech videos were never tendered into evidence, but the prosecution tried to smuggle them in through a police report,” he said.

However, Tibayeita noted that the evidence presented by the state before the courts throughout the trial was enough to find Musuuza guilty on all six counts.

While giving submissions, State Attorney Paul Ahebwa said Madubarah’s actions are not an isolated incident but part of a growing and rampant trend in which a breed of social media users continue to incite hatred through malicious publications about others under the pretext of exercising their rights to freedom of expression under the Constitution.

“The convict sought to exercise this freedom but did so by sharing unfounded information intended to undermine the authority and integrity of the top leadership of the country… The convict is dangerous to the peace and cohesion of this country,” Mr. Ahebwa asked the court to hand Musuuza the maximum sentence to help the convict learn that human rights should be enjoyed with mutual respect.

“To simply put, the convict is dangerous to the peace and cohesion of this country. Throughout the trial, he was devoid of remorse, yet he knew he had committed all these offenses; therefore, he is not deserving of any leniency. As you clearly stated, your worship, these offenses carry the maximum of seven years imprisonment or 750 currency points (Shs 15 million). As such, we pray that the convict is met with the maximum sentence,” he said.

However, the lead defense lawyer, Mr. Jonathan Elotu, asked the court for a lenient sentence. “The convict is a family man; he is the sole breadwinner for his family. This is the convict’s first offense, and he has spent close to 10 months on remand. He is a reformed man, and we pray that you give the convict a lenient sentence,” he said.

The second defense lawyer, Mahad Kawuma, said imposing a severe custodial sentence may not only punish the convict but will also have a chilling effect on the constitutional right to freedom of speech. “It’s our prayer that the sentence balances deterrence with the protection of his freedom. He has already suffered public shame and social consequences for these offenses, and hence we pray for leniency since the accused has had time to reflect on his actions while in prison, so I pray,” he said.

When given a chance to speak, Madubarah told the court that he was beaten by security personnel to the point of losing a front tooth in order to force him to give them the password to his phone.

His worship Tibayeita said the court shall consider the submission of both the state and defence and pass judgment on Friday.