Prophet Elvis Allan Mbonye petitions against police investigations in the matters of church

Prophet Elvis Allan Mbonye through his lawyers Walyemera & Co. Advocates, has written a long letter to the Director, CID, Uganda Police Force,CID Headquarters, Kibuli,
Kampala, Uganda, M/S AIGP Akullo Grace, regarding police investigations in his matters.

According to the letter The Drone Media has seen, Prophet Mbonye has instructed lawyers to draw Grace Akullo’s attention to the emerging manifest abuse of process, inordinate delays, violations of rights and bad faith prevalent in the conduct of police investigations on Prophet Mbonye.

As it, the investigations are in regard to the alleged publication of misleading statements contrary to section 23 (1) of the Immunization Act,
2016, concerning the recent mass immunization exercise against Polio, Measles and Rubella.

“We note with disquiet, the slothful and painstakingly slow progress of investigations on the part of the Uganda Police Force, that seems to appear deliberate,” reads the letter in part.

‘As you are aware, on 17th October 2019, Prophet Mbonye was summoned to your offices for an interview and statement taking, in relation to the aforementioned allegations. He at the time
was unable to appear in person. This is because he was out of the country, but still complied with the invitation through his legal representatives, that interfaced with the investigating officers,” the letter explained.

According to the letter,  upon Prophet Mbonye’s return from his overseas engagements and in compliance with the said police summons, he personally turned up on 28th October 2019 and recorded a statement.

In the said statement, he reportedly revealed his official and only social media communication channels under his name. It was categorically clarified that Prophet Mbonye is not‘Mugisha Elvis Mbonye’ who is alleged to have authored or published the social media post, which has become the subject matter of police investigations.

However, it is surprising that Prophet Mbonye has been subjected to numerous unnecessary, unending and disrupting appearances at the CIID offices in light of the Police Bond requirements.

“We take the firm view that the inquiry and investigations into this
otherwise straight forward matter is unreasonably and deliberately being delayed. It is quite absurd that while Prophet Mbonye’s facebook communication channel is widely known, the investigating officers deliberately and strategically choose to be ‘mistaken’ concerning his identity. Unrestrained unprofessional like in the instant case, undisputed,” further reads the letter.

Prophet Mbonye has been reportedly led,  on several occasions, to many wrongful arrests, malicious prosecutions and consequently costly claims and awards against government.

According to lawyers this borders on infringement of his personal liberties and fundamental freedoms guaranteed by the 1995 Constitution of the
Republic of Uganda under Articles 20 and 29 (2) among others.

The lawyers further explained that at all the aforementioned appearances, the investigating officers have not been forthcoming on the progress of the investigations and why the continued appearance of Prophet Mbonye is warranted.

Measured complaints to the investigating officers on
this matter have often been dismissed, with an aggressive display of power characterized by among others, threats of arrests. The above, serves to demonstrate a very disturbing trend of abuse of process by the police, wherein unwarranted appearances are demanded of suspects under the guise of ‘continuing investigations’.

This, according to the lawyers contravenes the Supreme Court decision that laid bare the need for professionalism to uphold fundamental human right by the police during criminal investigations in the recent case of Olara Otunnu versus Attorney General, Constitutional Petition No. 12 of 2010.

This conduct is also contrary to the basic criminal investigations standards spelled out in the Criminal Investigations Department Standing Order Vol I and II of 1984 and the Uganda Police Force Act, Cap 303.

The lawyers urge and call on Grace Akullo as the head of the CID to intervene in this matter, with a view of concluding the now protracted, police investigations being undertaken by the investigating officers, whose incentive for this conduct is highly suspect.

 The Director Public Prosecutions (DPP) was also drawn to the above
developments and the DPP was requested, in exercise of his constitutional authority, to defend the rule of law, respect of pre-trial rights and constitutional freedoms.

The letter implore that the DPP should ensure the eradication of human rights abuses by the police in the conduct of their investigations.
We look forward to cooperating with and hearing from you about this matter.

“If we do not get a positive response, in regard to this protest letter by 13 December, 2019, we shall be left with no option, but to enforce our client’s pre – trial and constitutional freedoms against individual police officers involved in this matter,” states the letter.

The Drone Media has learnt that a list of authorities have been copied this letter, the list include:

1. The Director of Public Prosecutions.
2. The Chairman, Uganda Human Rights Commission, Kampala, Uganda.
3. The Attorney General, Kampala, Uganda.
4. The Minister of Justice and Constitutional Affairs, Kampala, Uganda.
5. The Human Rights Directorate, Uganda Police Force, Kampala, Uganda.
6. The High Commissioner, British High Commission, Kampala, Uganda.
7. The Head of Mission, Delegation of European Union to Uganda.
8. The Ambassador, Embassy of the Netherlands, Kampala, Uganda.
9. The Ambassador, Embassy of Ireland, Kampala, Uganda.
10. The Ambassador, Embassy of the United States, Kampala, Uganda.
11. The Representative, Office of the United Nations High Commissioner for Human
Rights in Uganda, Kampala, Uganda.
12. The Head of Office – Democratic Governance Facility, Kampala, Uganda.
13. The Head of Police Standards Unit.
14. The Inspector General of Police, Uganda Police Force.
15. File.