Michael Katungi’s extradition betrays Uganda’s sovereignty

Lt. Michael Katungi (rtd), a Ugandan citizen, is the subject of an application for extradition to the United States of America.

The US government wants him to answer criminal charges in the US. For a Ugandan citizen like me who has been in a near-similar situation, an application for the extradition of a Ugandan citizen to the US is very curious.

I invite all Ugandans (particularly the political opposition) to take interest in the Michael Katungi case. My fear is that Uganda is setting a precedence that could easily be weaponised in future by people holding power. The government of Uganda could ( just) extradite a political opponent to a foreign country over a minor offence (even civil)?

Does anyone remember the peculiar case of Sam Mugumya in the DRC? From experience, people like me should speak out against this extradition case. This is a case of a Ugandan citizen being surrendered to the vagaries of another state.

This is a case of the sovereignty of Uganda being assaulted behind the façade of diplomacy. Handing over its citizen to another sovereign state to answer charges that can be sorted in Ugandan courts is wrong.

All Ugandans should stand up and rise against the extradition of Lt. Micheal Katungi to the USA for trial over alleged criminal cases related to drug trafficking and illicit arms deals.

The US prosecutors allege that he participated in a conspiracy involving trafficking large quantities of cocaine intended for import into the United States and supplying firearms and other military- grade weapons in furtherance of drug trafficking. The other charge is that Michael Katungi provided material support to a designated foreign terrorist group.

It is very curious that all these charges are pending proof in a US criminal trial. Even more curious that none of the offences were committed on US soil. What evidence does the US possess to convince the Government of Uganda to surrender its citizen to the US Judicial system?

For God’s sake, this is not the Hajj Nasser Ssebaggala case where crimes were committed on American soil and the guy was arrested on American soil. This is about Uganda exposing its sovereignty to the vagaries of international power-plays. Uganda is not known to have a bilateral extradition treaty with the United States of America.

That means any extradition of Ugandan citizens is being leveraged by diplomacy. To the best of my knowledge, diplomacy is a give and take game. Now, we ask: what has the US given Uganda (so Mother Uganda can sacrifice her son)?

Isn’t it curious that the US prosecution almost exclusively wants to rely on international legal instruments like the 1988 United Nations Convention Against Illicit Traffic in Narcotics Drugs & Psychotropic Substances as the main legal basis for seeking Michael Katungu’s extradition to the US.

I don’t want to delve in the technical and legal aspects of the case but I am a Ugandan citizen who has been in a near- similar situation. The US government is very sensitive on the issue of citizenship.

For them, citizenship goes hand in hand with sovereignty. And for this, the US has signed agreements with many countries not try US citizens and not to hand over US citizens to the International Criminal Court.

Why should Uganda hand over her citizens to the US when US citizens are protected all over the world? Michael Katungi is not a fugitive in any jurisdiction (international or municipal)? Michael Katungi did not commit an extraditable offence on US soil. In general, this is not about the extradition of Michael Katungi to the US.

It is a case about the sovereignty of Uganda under pressure from the US. Government actions, be they for state security, diplomacy or other, are functionalised or taken in the name of the citizens. Therefore, citizenship is sovereignty.

The primary function of the state is to protect its citizens (and the sweat of their industry) from harm. I find extradition of a citizen, under circumstances like those the US sees to use for Michael Katungi, rather offensive to the fundamental principle of the sanctity of sovereignty and citizenship. For that matter, Michael Katungi should not be extradited.

The writer is a retired journalist and now a political and security commentator

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