Two Ugandan Peoples’ Defence Forces (UPDF) majors, Steven Oluka and Zadock Obor, are currently facing charges of cowardice in a trial taking place in Mogadishu, the capital of Somalia. The charges are related to their alleged involvement in the handling of a harrowing Al-Shabaab attack that occurred in May 2023, resulting in the loss of 54 Ugandan soldiers’ lives.
The UPDF General Court Martial (GCM), typically operating in Makindye, Uganda, temporarily moved its proceedings to Mogadishu for this high-profile trial. At the helm of the court martial is Brigadier General Robert Freeman Mugabe, along with his legal team.
The allegations against Majors Oluka and Obor revolve around claims that they ordered UPDF combatants to withdraw during the Al-Shabaab assault on their base. These charges have been framed under the UPDF Act’s sections 120 (1) (2) and 128 (1) (b), specifically related to cowardice.
Senior military figures, including the Commander-in-Chief, President Yoweri Museveni, have consistently argued that had Majors Oluka and Obor motivated their subordinates to stand their ground, the Al-Shabaab attack might not have resulted in the base being overrun, ultimately causing the loss of 54 soldiers’ lives, including the highest-ranking officer, Lt. Col Edward Nyororo. Notably, Al-Shabaab claimed in a statement, supported by videos, that they had killed over 120 UPDF soldiers.
The charges laid against Majors Oluka and Obor explicitly state that they failed to encourage their officers and soldiers to exhibit courage when they encountered Al-Shabaab. The trial also involves allegations of failure to protect war materials, as outlined in section 122 (1) (2) (h) of the UPDF Act, which pertains to four non-commissioned officers (NCOs).
Brigadier Mugabe, explaining the decision to relocate the court martial proceedings to Mogadishu, noted that this was necessary to access witnesses, as most of them were in the mission area. Additionally, he emphasized that the General Court Martial holds jurisdiction to try cases both within and outside Uganda, wherever UPDF is engaged in operations.
Under the existing Memorandum of Understanding and the Status of Forces Agreement between Uganda and Somalia, each Troop Contributing Country is responsible for prosecuting its personnel while they are deployed in the mission area.
Brigadier Mugabe is expected to preside over the proceedings in Somalia for approximately two weeks. The verdicts will be based on the specific circumstances surrounding the alleged offenses and the evidence presented during the trial. Those found guilty will receive appropriate sentences, while those found not guilty will be acquitted.
This trial marks a significant moment in the ongoing efforts to maintain discipline and accountability within the UPDF, especially in the context of international peacekeeping missions.
