Embattled Somali national Omar Faruk Osman Nur, who sued Uganda
Journalist’s Union (UJU) General Secretary Mr Stephen Ouma Bwire, has lost
Round One of the case. Omar Faruk must deposit Uganda shillings 20 million
within 30 days before the main Suit No, 234 of 2012 can be heard.

Omar Faruk Osman, who through Kampala Lawyers Isaac Kimaze and Company
Advocates had filed an interim Order for an injunction restraining Stephen
Ouma Bwire and his agents from disseminating further defamatory
information on him until the main suit is heard and disposed of.

But Stephen Ouma Bwire through his Lawyers Messrs Kanyunyuzi and Company
Advocates filed an application in Court for Security for costs
totaling Uganda
Shillings 50 million, contending that Omar Faruk is not a Ugandan national,
has no permanent place of abode in Uganda or any known property or asset
that the Applicant shall resort to upon Court dismissing the Respondent’s
Suits.

And that the said matters have no chance of success and yet the Applicant
has been put and shall continue being out to colossal expenses defending
them. “ That the ends of Justice will be better served once the Respondent
is ordered to deposit security for costs,” noted Kanyunyuzi and Company
Advocates Lead Counsel Gilbert Baguma.

Omar Faruk’s Lawyers Isaac Kimaze and Company Advocates submitted falsified
affidavit and written submission to court that “ the applicant had failed
to file a defence within the prescribed time and had thereby excluded
himself from the jurisdiction of the court which was not true. And in
addition that the applicant had also failed submitted to court the bill of
costs so far incurred in the administration of the suit, leaving Omar
Faruk’s Lawyer’s with no option but to try and gamble their arguments by
pleading with court to treat the case as a human rights matter whose
security for costs under the Ugandan law on Constitutional and human rights
matters is Uganda shillings 200,000/-.

Omar Faruk’ Lawyers also made false submissions that an interim order had
been granted to the Respondent by the court in Miscellaneous Application
No.416 of 2012, and which they wanted extended, yet that was the main
matter for contention for which an application of Security for costs had
been filed in court, culminating in the September 25,2012 ruling.

High Court Deputy Registrar His Worship John Eudes Keitirima , ruled
September 25, 2012 that Omar Faruk’s Lawyers had submitted false
information that Stephen Ouma Bwire had not filed defences in the main
suits and had not submitted a bill of costs incurred so far in the court
proceedings. He said” An absence also of a bill of costs is not fatal to
this application as it is not a requirement of law to do so but just a
recommendation.

He therefore concurred with Stephen Ouma Bwire’s Lawyers Kanyunyuzi and
Company Advocates that Omar Faruk’s lawyers had not contested in any way
requests for security of costs.

His Worship John Eudes Keitirima ruled : ” that much as the applicant
requests for Uganda shillings 50 million as security for costs using my
experience as a taxing master and exercising my discretion, I would
consider Uganda shillings 20 million to be sufficient as Security for Costs
in this case. The said amount is to be deposited in Court within a period
of 30 days from the date hereof. He added that costs of this application
shall be in the cause.

Reports from Mogadishu indicate Omar Faruk was recently voted out of office
in disgrace by National Union of Somali Journalists (NUSOJ) allegedly for
the same reasons for which he sued Stephen Ouma Bwire. Omar Faruk claims
the same defamatory remarks had affected and put on hold US Dollars 2
million grant from the Africa Capacity Building Foundation (ACBF).

Omar Faruk is Federation of African Journalists (FAJ) President,
International Federation of Journalists (IFJ) Executive Committee member
and Secretary General Eastern Africa Journalists Association (EAJA).

The main suit of the defamatory case No. 234 of 2012 shall be heard after
30 days when Omar Faruk Osman will have deposited in court Uganda
Shillings 20 million as Security for costs.

ENDS