Justice has finally caught up with the nine people behind one of Uganda’s most chilling ransom killings after the High Court sentenced two of them to death and ordered seven others to spend the rest of their natural lives in prison for the 2018 kidnap and murder of businesswoman Susan Magara.
In a judgment that closed an eight-year legal battle, High Court judge Alex Ajiji on Wednesday handed down the ultimate punishment to Buvumbo Musa Abbas and Hajara Nakandi, describing them as the principal actors in a meticulously planned, brutal and financially motivated crime that shocked the country.
“A4 (Nakandi) and A9 (Buvumbo) played the most excruciating role in this case, and I sentence them to death,” Justice Ajiji ruled.
The judge found that Buvumbo personally participated in kidnapping Magara, amputating two of her fingers, injecting her with a fatal overdose of ketamine, suffocating her and ultimately causing her death.
Nakandi, the court held that she guarded the victim throughout her captivity before deciding she had to be killed because she had spent enough time with her captors to identify them to investigators.
“The convicts planned and executed two of the most heinous crimes, which all attract the maximum penalty of death. The offences were brutal, calculated, premeditated and callous. It was a senseless killing even after receiving the negotiated ransom sum,” Justice Ajiji said.
Describing the case as “one of the rarest of the rare”, that deserves death by hanging, the judge said Magara endured prolonged mental and psychological torture during captivity before being mutilated, suffocated and her body dumped at Kitiko-Birongo along the Entebbe Expressway.
“The actions were cruel, callous and motivated by financial gain,” he added.
The seven other convicts-Yusuf Lubega, Hussein Wasswa, Muzamiru Ssali, Abubaker Kyewolwa, Mahad Kisalita, Hassan Miiro Kato and Ismail Bukenya-were sentenced to life imprisonment after the court found they played indispensable roles in the execution of the crime.
Justice Ajiji detailed how each contributed to the kidnapping and murder.
Bukenya, an imam at a makeshift mosque in Usafi Market, hosted planning meetings and controlled the ransom proceeds; Kyewolwa collected the ransom money from Magara’s family; Lubega drove the vehicles used during the kidnapping operation, while Kato and his twin brother Wasswa, and Ssali guarded the premises where Magara was held captive.
Court cites extreme brutality
In determining the sentences, the court relied on Guideline 20 of the Constitution (Sentencing Guidelines) 2013, identifying several aggravating factors that justified the harsh punishments.
Among them were the meticulous planning of the kidnapping and murder, the highly organised nature of the operation, the extreme brutality inflicted on the victim, and the financial motive behind the crime.
Justice Ajiji also cited the cutting off of Magara’s fingers while she was still alive, the administration of ketamine, suffocation with a polythene bag, the emotional trauma inflicted on her family, the financial loss of about 200,000 US dollars (approximately Shs700 million), and the damage the crime caused to public confidence in security.
“The offences were committed with exceptional cruelty and complete disregard for the sanctity of human life,” the judge observed.
Judge orders confiscation of proceeds of crime
Beyond the prison sentences, the court ordered the confiscation of properties and vehicles acquired using the ransom money and directed that they be sold to compensate Magara’s family.
The assets include three acres of land in Buikwe purchased for Shs140 million, an acre of land in Luweero and several motor vehicles.
Justice Ajiji also ordered the forfeiture of three vehicles used in surveilling Magara, executing the kidnapping and transporting her body for disposal.
“The confiscation order is intended to deprive the convicts of the proceeds of their crime,” he ruled.
The Office of the Director of Public Prosecutions welcomed the sentences, saying they reflected the gravity of the offences.
“We are very appreciative of the sentence that has been delivered today. We believe justice has been served,” prosecutor Irene Nankibungwe said shortly after the judgment.
The sentencing came two days after Justice Ajiji convicted all nine accused of kidnapping and murdering Magara, concluding one of the country’s longest-running and most closely watched criminal trials.
The judge reserved sentencing until Wednesday
During the mitigation process on Monday, one of Magara’s aunties asked the court to hand the killers the death penalty on grounds that the gruesome murder took away the life of a very resourceful person and that they still mourn her brutal murder.
A crime that horrified the nation
Court heard that on February 7, 2018, Magara was abducted outside her home in Lungujja while speaking on the phone to her friend, Yusuf Muhindo.
Muhindo testified that he heard a struggle before Magara screamed in Luganda, “Temunkuba” (“Don’t beat me”), followed by the voices of two men before the call abruptly ended.
Justice Ajiji said the evidence, coupled with Magara’s abandoned Toyota RAV4 that was found with its engine still running and her mobile phones left inside, proved beyond reasonable doubt that she had been forcibly abducted.
The following day, the kidnappers demanded one million US dollars before eventually agreeing to accept 200,000 US dollars after negotiations with the family.
Although the family delivered the money at Kanaaba in Ndejje on February 23, 2018, Magara was never released.
Instead, her body was discovered four days later at Kitoko-Birongo.
A postmortem examination established that she died from asphyxia caused by manual strangulation.
Perhaps the most disturbing evidence presented during the trial was a package delivered to Magara’s family on February 19, containing two of her severed fingers and a flash disk with a video in which she tearfully pleaded with her father to pay the ransom.
Justice Ajiji said forensic evidence confirmed Magara was alive when her fingers were amputated, underscoring the extreme torture she endured before her death.
The kidnapping sparked national outrage and prompted President Museveni to personally intervene, but despite the payment of more than Shs700 million, the kidnappers killed Magara, making the case one of Uganda’s most infamous ransom murders.
Wednesday’s sentencing also marked the final case handled by Justice Ajiji before his retirement from the Judiciary after attaining the mandatory retirement age of 65.
All the convicts have up to 14 days to appeal both the conviction and sentence before the Court of Appeal.
UTILITY
-Nakandi Hajjara (Death), provided a house, kept guard, and made the decision to kill Magara, reasoning she had identified them.
-Buvumbo Musa Abbas (Death), carried out the cutting of fingers and injecting ketamine and suffocating Magara to death with a kaveera.
-Bukenya Ismail (Life), Imam of the makeshift mosque in Usafi market where the planning happened and controlled ransom money
-Kato Hassan Miiro (Life), kept guard of the premises where Magara was kept
-Wasswa Hussein (Life), kept guard of the premises where Magara was kept
-Ssali Muzamir (Life), kept guard of the premises where Magara was kept
-Kyewolwa Abubaker (Life), collected the ransom money
-Lubega Yusuf (Life), actively participated as driver during kidnap
-Mahad Kisalita (Life).