Court Upholds Gov’t Compulsory Acquisition of Land for EACOP

The High Court in Masaka has upheld a ruling granting permission for the compulsory acquisition of land to the government, against a section of people affected by the East African Crude Oil pipeline (EACOP) project in the districts of Kyotera, Rakia, Lwengo and Sembabule. 

Lady Justice Victoria Nakintu Katamba has granted an application by the Attorney General, which sought orders to acquire properties from 11 Project Affected Persons (PAPs), who rejected compensation for their land within the demarcated oil pipeline route. 

The East African Crude Oil Pipeline is a major investment that will facilitate developments in the country’s oil and gas sector.  

However, the project has since faced hurdles during its implementation stages, as various groups of people have put up resistance over compensation amounts for the properties, arguing that they are inadequate. 

Dissatisfied with the compensation awards allocated to them during the evaluation process, some of the project-affected persons in Sembabule, Lwengo, Kyotera and Rakai districts declined to voluntarily vacate the demarcated pipeline route, resulting in protracted legal battles. 

In July this year, the Attorney General went to court and filed an application for eviction and demolition orders against 11 persons occupying 14.998 acres of land, whom he accused of blocking a public project.

The orders were sought against John Mary Nsamba, Cosmas Yiga, Ismail Bwowe, Hajj Asuman Lubega, Frank Kasibante and Immaculate Najjemba. The others are; Virigo Nalutaya Babirye, Justine Nakiwala, Seriveri Bagenda, Kizza Nambatya and Charles Bikanji, who are residents in various villages of Lwengo, Sembabule, Kyotera and Rakai districts.

The application filed by Irene Pauline Bateebe indicated that the affected individuals adamantly ignored government pleas for negotiated processes of acquiring their land for the project.

Additionally, Bateebe told the court that despite the re–evaluation of the properties by the Chief Government Valuer, the eleven individuals remained defiant and declined the compensation fees allocated to them, despite adjustments. 

According to the affidavits of the application, the eleven people were part of the 87 project affected persons whose properties were revalued after they expressed dissatisfaction with the compensation fees, but to the dismay of the government, a small number have remained naughty, and their conduct threatens the project’s progress.

Bateebe also indicates that despite the government complying with orders of Masaka High Court Judge Lawrence Tweyanze to deposit with the court the unclaimed compensation amounts and proceed to acquire the land for the project, the eleven people have remained rebellious and declined to give way for the project.

Consequently, the trial Judge Victoria Nkwaga Katamba has ruled that since the other respondents had already agreed and vacated the project route, there was no reason why the eleven could insist on staying on the land. 

“Considering that the compensation amounts have already been deposited in Court, and the application went unopposed despite there being an affidavit of service on record. I am inclined to grant orders sought by the applicant,” the ruling reads in part.  

The court accordingly granted the government eviction and demolition orders against the respondents, but cautioned that it must be done without endangering human life and in accordance with the law. 

However, Eva Kakuma, a lawyer who represented the respondents, indicates that they intend to appeal against the ruling, arguing that it infringes on the rights of her clients, who she says require adequate and prior compensation for their properties taken by the government.

Notably, the government and partners are undertaking to construct a 30-meter-wide and 1,443-kilometre-long pipeline, which will transport Uganda’s crude oil from Hoima to the Chongoleani peninsula in Tanzania for export to the international market. 

According to the design, the pipeline will sit on at least 2,740 acres of land