The trial of 12 environmental activists accused of staging an unlawful demonstration against the East African Crude Oil Pipeline (EACOP) took a new turn on Wedensday after the defence rejected a prosecution request to introduce a CCTV footage request letter as evidence.
During the hearing before Buganda Road Court, presided over by Grade One Magistrate Winnie Nankya Jatiko, two police officers narrated how the accused were arrested on Nile Avenue in Kampala while allegedly blocking traffic and carrying placards.
Police Constable Delma Oceng testified that while on patrol duty around Yusuf Lule Road and Nile Avenue, he found a group of protesters seated in the middle of the road.
“They were holding banners, others putting on orange t-shirts and reflectors,” Oceng said. “We parked our motorcycles and told the accused to leave the road, but they refused.”
The witness identified the banners bearing inscriptions against the pipeline, which the prosecution sought to tender as exhibits. Defence lawyers objected, but the magistrate overruled them and admitted the banners, ruling that the witness had properly identified the items.
During cross-examination by the defence led by Mr Samuel Wanda, Oceng admitted he did not personally arrest any suspect but only removed placards from the protesters. He named his colleagues as Aturo Rebecca and Commander Alex Bende. Asked whether wearing an orange t-shirt amounted to an offense, Oceng replied, “It depends on where you are.” He further told the court that, in his view, peaceful demonstration also constituted a public nuisance.
Another witness, Detective Ronald Tayebwa, the investigating officer from the CID department at Central Police Station Kampala, testified that he received the protesters after they were brought in by field officers. “They were seated in the middle of the road, their act was inconveniencing other road users,” Tayebwa said. “When I received them, I recovered seven t-shirts, 18 placards, four banners, and two reflectors.”
Tayebwa added that he interviewed two suspects, Akram Katende and Noah Katiti, who admitted to possessing the t-shirts after reading an online call to join the demonstration and deliver petitions to Stanbic Bank and the European Union. It was during his testimony that the prosecution made reference to a letter allegedly requesting CCTV footage, which the defence immediately opposed.
Defence lawyer Wanda told the court, “We do not understand the letter being referred to in court. It was never disclosed to us, and the witness is not even the author. The state has now brought in another request for evidence CCTV footage which was made on September 8, a few days after we had appeared for the first hearing. This is to fabricate evidence we do not have control over.”
The prosecution countered that the accused persons had not denied signing the statements, arguing that the issue raised was about whether the statements were read back to them. However, the trial magistrate directed the state to ensure full disclosure, saying, “In the interest of justice, prosecution should make disclosures to the defence team.”
The case was adjourned to October 16 for continuation of the hearing, with the 12 activists returned to remand.
Background
The activists, including members of the group Students Against EACOP Uganda, were arrested in August during a sit-in protest at Stanbic Bank’s headquarters in Kampala. They demanded that the bank withdraw financing for the $5 billion pipeline project, citing environmental harm, forced evictions, and unfair compensation of affected communities. Police dispersed the protesters with tear gas before arresting a dozen of them. They were remanded to Luzira Prison in the absence of legal representation and charged with unlawful assembly and public nuisance.
The EACOP project, spearheaded by TotalEnergies and CNOOC, has drawn global criticism, with 43 banks and 29 insurers reportedly ruling out support. Activists say Stanbic’s continued participation violates climate and human rights obligations. The case returns on October 16, when the state is expected to have shared all requested disclosures with the defence.