By Dickens Twinomujuni
The Kabale High Court has acquitted prominent lawyer Valentino Agaba and seven co-accused persons of murder and aggravated robbery, bringing to an end a case that has kept them on remand for over two years.
The ruling was delivered on Tuesday, March 31, 2026, by Justice Karoli Lwanga Ssemogerere, who presided over the proceedings via Zoom.
Agaba, 42, a lawyer with Tuhimbise Company and Co. Advocates and a resident of Hamutora village in Katojo-Butare Town Council, Rubanda District, had been jointly charged with the murder of Callist Sunday, a primary school teacher from Nyakarembe village in Kisoro District.
The accused persons were charged under Sections 171 and 172 of the Penal Code Act (Cap 128) for murder, and Sections 266 and 267 for aggravated robbery.
The other acquitted suspects include Ezra Monday, Thomas Arineitwe alias Butunuzi, Gerald Bagyenyi, Enock Mugabe, and Junior Asasira, all residents of Bukimbiri Sub County in Kisoro District. Two Congolese nationals, James Niyonzima and Barack Pascal, had earlier been acquitted in 2025.
The prosecution had alleged that the suspects lured the deceased out of his home on February 17, 2024, at around 3:00 AM under the pretext of assisting a patient. They were accused of murdering him and stealing his mobile phone, which was later traced and led to their arrest.
However, the defence team, led by lawyers Nabasa Rodgers and Mark Mwesigye, argued that the prosecution had failed to establish a prima facie case against the accused.
In his ruling, Justice Ssemogerere agreed with the defence and found that the prosecution had not presented sufficient evidence to warrant putting the accused on their defence. He ruled that they had no case to answer and ordered their immediate acquittal.
Following the judgment, Agaba announced plans to file a civil suit against the state for malicious prosecution, seeking compensation for financial losses and damages suffered during his incarceration.
Other acquitted suspects welcomed the ruling, maintaining their innocence and describing the charges as false. Some said their reputations had been severely damaged, while others noted that their families had suffered significant hardship, including children dropping out of school during their detention.
Defence lawyer Nabasa Rodgers stated that none of the accused persons was put on their defence, emphasizing that the prosecution failed to present credible evidence. He further alleged that some of the evidence presented in court had been fabricated.
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