Justice Collins Acellam of the Civil Division of the High Court has dismissed on technicality a Human Rights Enforcement application filed by Gabriel Achuk a South Sudan businessman who accused Eco Bank bosses and a Wandegeya police station police officer of violating his human right to the extent of placing him in a toilet and subjecting him to torture over money deals.
In his application, Achuk who is a director of Tamam Brokerage Services Limited, a company dealing in forex trading and stock exchange stated that on 7th October, 2024, he withdrew USD 10’000 from his company bank account to be credited on his forex trading accounts.
He went to Eco bank, Oasis Mall Branch to withdraw more money to do his businesses but he was informed that the system had an issue and he was directed to wait in the bulk teller room where the bank manager picked him from and took him to the toilet inside the Bank.
“Thereafter, he was locked and detained and interrogated at the same premises for more than two hours. He was neither told the reasons for the arrest and the charges against him nor given an opportunity to explain himself,” Court documents read.
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He was subsequently taken to Wandegeya Police Station and Sarah Kataike the Officer in Charge of Criminal Investigation who was brought when he was being interrogated inside the toilet room ordered him to record a statement and directed him to return USD 10,000 which he had withdrawn from his company bank account if he wants the issues to be resolved.
He was informed that Eco bank South Sudan was hacked into and they lost USD 120,000 and that the money the Company received is part of the money that was fraudulently withdrawn from Eco bank an allegation that was new to him.
He was told that the person who sent the money to his company bank account was reported as the perpetrator who stole the money and before he recorded a statement, he contacted his lawyers to be present.
After recording the statement in the presence of his lawyers, they requested for a police bond and he also promised to help the bank with the investigations by availing any information the company wanted.
He added that he was not given police bond and waited for days at Wandegeya Police cells waiting for the bank representatives. When they came, they told him that unless he brings the money he withdrew from the company account, he will not be released.
“The Applicant remained under detention at Wandegeya Police station beyond 48 hours in a dirty room with over 60 people without being produced in court. He has been informed by his lawyers that the Respondents’ conduct and actions of illegal arrests and detention, cruel and degrading treatment beyond the 48 hours without being taken to court was inconsistent and contravened, threatened and or violated the fundamental human rights and freedoms,” Court documents further read.
In response, the bank affirmed that based on reliable information from his legal counsel, they acted lawfully in intercepting the attempted withdrawal of the said money due to reasonable suspicions of a fraudulent transaction associated with the USD Account.
The bank raised preliminary objections challenging the affidavit evidence in support of the application on grounds that Achuk is not the one who swore it but a one Nyuon Thikuy Gang Lual who claimed to be a manager of his company even though currently he does not live in Uganda.
The judge agreed with the bank that the applicant in his personal capacity was the one supposed to swear his affidavit because he was in position to do so in custody since he was allowed to access his lawyers.
“It should also be noted that an application of this nature does not stand as an application alone or affidavit on its own. One supports the other and therefore need to be complimentary,” the judge stated as dismissing the application with no order of costs
