Why have Omah Lay and Tems been charged to court in Uganda?

On Sunday, December 13, 2020, news broke on social media that KeyQaad and Warner Music artist, Omah Lay, Nigerian singer, Tems and her manager, Muyiwa Awoniyi had been arrested in Kampala Uganda.

On the night of December 12, 2020, Omah Lay and Tems had performed at The Big Brunch, which held at Speke Resort, Wavamunno road, Kampala, Uganda.

The news was broken by Ugandan journalist, Canary Mugume. He had allegedly confirmed the news from Luk Owoyesigyire, Assistant Superintendent of Police and Deputy Police Spokesperson, Kampala Metropolitan Police.

Then in the afternoon of December 14, 2020, news broke that they had been charged to court.

In a chat with a source close to the events in Uganda, Pulse Nigeria gathered that a breach of COVID-19-related restrictions is why the three Nigerians face some dire consequences in East Africa.

Much has been made about the arrest, but the question on a lot of lips is, 'Why have the Nigerians been arrested?'

On December 13, 2020, the Ugandan Police released the following statement;

Ugandan Police arrests Omah Lay and Tems. [Facebook/UgandanPolice] Pulse Nigeria

Why have Omah Lay and Tems been charged?

Two tweets by the verified Twitter account of the Ugandan Police reveals that, "The Nigerian trio of Stanley Omah Didia alias Omah Lay, Temilade Openyi alias Tems and Muyiwa Awomiyi have been charged to court in Makindye on charges of Negligently doing acts likely to spread an infectious diseases C/S 171 of the Penal Code Act.

"The earlier plans of releasing them on police bond, were suspended after their casefile was sanctioned by the Office of the DPP. They were jointly charged with four other Ugandans. All remanded till Wednesday 16.12.2020."

Did Omah Lay and Tems commit an offence?

Yes.

Section 171 of the Ugandan Penal Code 1950 provides that, "Any person who unlawfully or negligently does any act which is and which he or she knows or has reason to believe to be likely to spread the infection of any disease dangerous to life commits an offence and is liable to imprisonment for seven years."

Arguments are going to state that Omah Lay and Tems were only artists and the organizers of the event should be held accountable and they are. In the press release of December 13, Bejamin Kubara, the organizer of the event, Ivan Ddungu, manager of the concert and Prim Kasana, the event centre manager were also arrested and charged.

The Ugandan government will likely argue that even though Omah Lay, Tems and Muyiwa Awoniyi didn't organize the event, they are the main attraction of the event who should have also been cognizant of COVID-19 restrictions.

COVID-19 restrictions in Uganda

On March 18, 2020, President Yoweri Museveni banned all incoming and outgoing travel to specified highly affected counties for 32 days. Schools were also closed and public gatherings banned.

The effects of COVID-19 on the Ugandan economy have been so severe that on August 17, 2020, a research conducted by Giga Hamburg revealed that many informal entrepreneurs in Kampala had no income at all during the lockdown, and hence had to dip into their own savings, rely on government food support, or ask for help from family or friends to survive.

Events and repression in Uganda

Uganda is not alone in its fears of COVID-19. A few weeks ago, Pulse Nigeria wrote an article about the state of 'Detty December' events in Lagos. While Nigeria allows controlled events, Ugandan authorities have been strict as regards COVID-19 rules.

Nonetheless, Nigerians now fear the wrath of the Uganda government as regards their kin. On November 20, 2020 Human Rights Watch reported that Ugandan authorities had weaponized Covid-19 for repression.

Over the past few years, the government has also publicly victimized artist-turned-politician, Bobi Wine.