Former ADF commander Jamil Mukulu seeks bail

Kampala, Uganda | THE INDEPENDENT | The former Commander of the Allied Democratic Forces –ADF Jamil Mukulu has asked the court to release him on bail pending the conclusion of the trial in which he is facing terrorism charges.

Mukulu was arrested from Tanzania and extradited to Uganda in 2015 on charges of terrorism, murder, aggravated robbery, attempted murder and being a member of a terrorist group. He had reportedly commanded members of the allied democratic forces to acquire firearms, training and funding for dissident activities.

The group was accused of murdering Muslim clerics Sheikh Yunus Abubaker Mandanga and the top Shia Cleric Dakitoor Muwaya who was gunned down under his leadership before his group reportedly attacked Bugiri police station and killed two police officers Karim Tenywa and Muzamir Babale.

In September 2019, Justice Eva Luswata of the International Crimes Division of High Court committed Mukulu and his co-accused to face trial before a Panel of three Judges of the International Crimes Division since the investigations were complete.

This was after reviewing the evidence the Directorate of Public Prosecutions had against the group and found that it was sufficient enough to sustain 20 charges against the group.

But since his arrest five years ago, Mukulu is concerned that the matter has never been fixed for trial. He contends that this may be delayed further since the Chief Justice Bart Katureebe in March 2020 suspended trials to mitigate the spread of COVID-19 pandemic.

Through his lawyers Anthony Wameli and Geoffrey Turyamusiima, Mukulu wants to be released on grounds that he is of advanced age and he is still presumed innocent. Mukulu is 56 years old.

According to the affidavit of his son Musa Dumba which is supporting the application for bail, Mukulu, once released, will be staying at his brother-in-law Hajji Juma Lubega’s Home at Kanisa Zone in Makindye Division.

His son says that he has already talked to Lubega who has a permanent place of abode in the jurisdiction of this court and he has agreed to be stay with Mukulu.

Besides, Mukulu says that he has six substantial sureties who are all his relatives. They includ His 74-year-old mother Aisha Nakiyemba, a resident of Ntooke LCI in Bukoloto Parish, Kayunga District, his brother-in-law Ismail Sentamu, his son Musa Dumba and sisters Mariam Nantume, Jeniffer Bukirwa and Norah Nankabirwa.

Mukulu says that he is willing to abide by all the conditions issued against him by the court and he will also not abscond from the trial as well as  going beyond the jurisdictions of high court. The applicant who is now in Luzira Upper prison  proves this through his son’s affidavit saying that when he was arrested and taken to the famous Nalufenya Police cells, Police confiscated his travel documents and he has never got them to date.

Mukulu’s lawyers had taken these documents to the High Court Criminal Division given that the ICD has not been working due to the effects of the lockdown caused by the COVID-19 pandemic. But the head of the Division Justice Wilson Kwesiga  advised them to seek guidance from the Principal Judge to see if  he can entertain the matter.

In the event that they are not cleared by the Principal Judge Dr Flavian Zeija , the lawyers are advised to wait  until Monday with hopes that the ICD Registry will be open so that they can formally submit this application.

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