It’s a devastating blow for the 80 people from Lwengo, Kyotera, and Rakai districts who are impacted by the East African Crude Oil Pipeline (EACOP) project.
Why? They lost a critical case in which the government lodged against them seeking to be allowed to proceed with eviction of their compensation plans without further delay.
On October 1, 2024, the Masaka High Court delivered the ruling by email. It ruled against those who were fighting for fair compensation over 41 parcels of land affected by the EACOP.
For months, these families had hoped the court would halt the government’s push to acquire their land without what they considered fair payment or negotiation.
However, Justice Lawrence Tweyanze’s decision now permits the government to deposit the compensation amounts into court, effectively sidelining the PAPs’ demands for better terms.
The case, initially filed by the Attorney General on August 20, 2024, represents a major setback for the affected communities, leaving many uncertain about their next steps.
The court ruled in favor of the government but decided not to make the 80 affected landowners, estate administrators, or estate beneficiaries pay for the legal costs of the case, as the government had requested.
This means that while the landowners lost the case, they won’t have to bear the financial burden of the court proceedings.
Cosmas Yiga, one of the landowners from Kyotera district, expressed his frustration after the ruling, saying, “Losing this court case is heartbreaking, but I won’t give up fighting for what’s right. We, as project-affected persons (PAPs), are suffering a lot,” He explained.
Yiga further stated that even those who got compensation are still struggling. Crops were destroyed, and families have been left desperate. “We deserve better, and I will keep standing for justice” he lamented.
Dickens Kamugisha, the CEO of the Africa Institute for Energy Governance (AFIEGO), said the fight for justice isn’t over.
“We are deeply disappointed, but our determination to seek justice remains strong. This ruling affects poor families today, but tomorrow it could affect more citizens. We call on people to defend their rights using legal avenues and ensure the judiciary supports justice for the people,” he noted.
He added that consultations would be held with the affected individuals to decide on the next steps. AFIEGO had provided a team of lawyers to assist some of the affected people in this case.
Counsel Peter Arinaitwe, one of the lawyers representing the affected landowners, reassured the community, saying, “We will continue to support our clients in seeking fair compensation through all available legal channels. If the affected people decide to appeal this ruling, we will stand by them in that process.”
Yisito Kayinga Muddu, the coordinator of Community Transformation Network (COTFONE), expressed his deep disappointment over the court’s decision.
“We are saddened by the Masaka High Court’s ruling against the project-affected persons (PAPs) involved in the EACOP case. Despite this setback, we remain united with the PAPs and admire their resilience,” he said.
He further urged the government to engage in meaningful dialogue and ensure that these communities receive fair and equitable treatment.
“This ruling only strengthens our commitment to continue advocating for marginalised communities and their welfare in the face of such development projects,” he added.
Both legal and community leaders remain hopeful and determined, calling for fair treatment and justice for those affected.
PAPs Call
The affected communities are calling for action from various stakeholders. They are urging the Ugandan government to uphold its constitutional obligation to provide fair and adequate compensation as outlined in Article 26 of the Constitution.
They demand a review of the compensation processes to ensure that vulnerable communities are not further marginalised.
The judiciary to engage in self-reflection, reform, and become more pro-people while avoiding being used to abuse citizens’ rights.
Security forces including the Uganda Police to avoid being used by the GoU and corporations to intimidate citizens.
During a case hearing that took place on September 12, 2024, the Masaka High Court was heavily guarded by the Uganda Police, with admittance to the court being only given after police clearance. This was unusual.
Ugandans and all people of goodwill to provide solidarity and support to the affected people as they seek justice.
Case and Ruling Details
In the final result, the Application is granted with the following orders:
a. The Applicant is granted leave to deposit in Court the Respondents’ compensation sum of UGX 711,679,010 (Seven Hundred Eleven Million, Six Hundred Seventy-Nine Thousand, Ten Shillings) as assessed by the Chief Government Valuer and the Assessment Officer forming part of the land earmarked for the East Africa Crude Oil Pipeline Project (hereafter referred to as “EACOP project”).
b. The above sum in (a) above shall be deposited in the account of the Registrar High Court, Account Number: 003010088000012 Bank of Uganda.
c. The Applicant is granted vacant possession of the land in (a) to conduct its activities thereon.
d. The Applicant is granted eviction and demolition orders against the Respondents but must do so without endangering human life and by the law.
e. The Applicant is discharged from any liabilities arising out of any claim and/ or action following the orders sought herein.
f. No orders as to Costs.
ABOUT THE EACOP
The EACOP is a planned 1,443km pipeline that is to be constructed from Western Uganda to the port of Tanga in Tanzania. The pipeline is expected to transport crude oil from the Tilenga and Kingfisher oil fields in Uganda to export markets.
The EACOP is owned by TotalEnergies E&P, which holds a 62% stake, while the China National Offshore Oil Corporation (CNOOC) owns 8%. The Ugandan and Tanzanian governments own 15% shares each.
TotalEnergies has been responsible for overseeing the acquisition of 2,470 acres of land from approximately 3,660 households in Uganda with an estimated population of 24,770 people.
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