By Our Reporter
NATIONAL
2nd Lt Ambrose Ogwang has lost yet another appeal against his conviction and sentence and this time by the Supreme Court.
In a unanimous decision, the four justices of the Supreme Court, Hon. Lady Justice Lillian Tibatemwa Ekirikubinza, Justice Madrama, Justice Chibita and Justice Hon. Lady Bamugemereirwe dismissed Ogwang’s latest legal attempts at regaining freedom on 11th December, 2024.
Ogwang had appealed against a decision by the Court of Appeal’s ruling delivered on 6th August, 2021 where he was confirmed guilty of the offence of murder and sentenced to 29 years and two months in prison.
The decision of the Supreme Court was based on a preliminary point of law.
BACKGROUND
On 23rd May, 2010, Ogwang robbed at gun point and was pursued by police to house along Kumi road, in Mbale City. While attempting to evade arrest, he shot and killed IP George William Koire using an SMG rifle.
The UPDF 3rd Divisional Court Martial convicted Ogwang on the offence of murder on 18th June, 2010 and was sentenced to death.
He appealed to the General Court Martial sitting at Makindye as a first appellant court which confirmed the conviction of murder but reduced the sentence to life imprisonment.
Ogwang ran to the UPDF Court Martial Appeal which also upheld the conviction and sentence.
However, in 2013, Ogwang appealed to the Court of Appeal Vide CACA No.107 of 2013. On 8th November, 2018, the Court of Appeal quashed the conviction for murder and set aside the sentence.
The Court of Appeal ordered for a retrial in the High Court on account that the trial by the 3rd Division Court Martial was a mistrial. Before even, the ordered retrial by the High Court, Ogwang appealed to the Supreme Court.
In an interesting turn, before the Supreme Court could dispose off Ogwang’s Appeal, the DPP indicted him for two counts of murder and aggravated robbery.
In January, 2019, the Mbale Chief Magistrate’s Court committed Ogwang to the High Court for retrial. Subsequently, the High Court on 11th June, 2019, acquitted him of aggravated robbery but convicted him on the offence of murder and sentenced to 29 years and two months imprisonment. The sentence was to run from 18th June, 2010 when he was first convicted by the 3rd Division Court Martial.
He again appealed to the Court of Appeal against both conviction and sentence but was unlucky this time as the Court upheld his conviction and sentence.
Dissatisfied Ogwang ran to the Supreme Court which has now ruled that the initial entertainment of the appeal by the Court of Appeal from the UPDF Court Martial Appeal Court was ultra-vires.
The justices ruled that the Court of Appeal acted without jurisdiction when it initially entertained an appeal from the Court Martial’s Appeals Court.
For that reason the conviction of murder and sentence of 29 years and two months stands.
