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Kampala, Uganda | THE INDEPENDENT | The Constitutional Court has extended its interim order restraining the General Court Martial in Makindye from hearing the treason case against Nakawa Division legislator, Michael Kabaziguruka.
The five member panel of the Constitutional Court Judges extended the orders on Thursday following a request by Kabaziguruka’s lawyers led by Medard Lubega Sseggona. The justices are Kenneth Kakuru, Remmy Kasule, Stephen Musota, Hellen Obura and Christopher Izama Madrama.
The extended order was first issued by Justice Remmy Kasule in 2017. The decision to continue staying the trial came up during the hearing on an application in which Kabaziguruka wanted the military court dissolved on grounds it wasn’t lawfully established.
Kabaziguruka contends that military courts have no powers to try soldiers or civilians because their jurisdiction is limited to instilling discipline in errant soldiers and should operate like a tribunal.
Through his lawyer, Kabaziguruka told the Constitutional Court that his likely to suffer irreparable loss of rights if the order stopping his trial isn’t extended.
George Kallemera, the Commissioner in charge of Civil Litigation in the Attorney General’s chambers who represented government consented to the prayers made by Kabaziguruka’s legal team.
As a result, the Judges extended the order pending the determination of Kabaziguruka’s petition against the Attorney General. The Judges directed the parties to file written submissions before the end of September 4th, 2020, saying they will deliver judgment on notice.
Kabaziguruka is one of the 23 people who were arrested in 2016 and arraigned before the General Court Martial on treachery charges. It is alleged that between February and June 2016, Kabaziguruka connived with some Uganda People’s Defense Forces soldiers to overthrow the legitimate government of Uganda by use of force.
The accused reportedly committed the crimes in Wakiso, Kampala and Luwero districts.
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