Lawyer petitions court to release 74 NUP supporters

Kampala, Uganda | THE INDEPENDENT | City lawyer Geoffrey Turyamusiima has petitioned the High Court in Kampala seeking orders compelling the government and the prisons authorities to unconditionally release 74 supporters of the National Unity Platform who were arrested during election campaigns.

According to the application filed before the Civil Division of High Court, the applicant Turyamusiima contends that the 74 NUP supporters led by Nabweru LC3 councilor John Bosco Sserunkuuma commonly known as Kana ka Mbata were charged with offenses triable by a subordinate court.

Turyamusiima argues that the 74 NUP supporters have been on remand in various prisons across the country including Makindye military barracks, Bombo military barracks and Kitalya government’s prison for a period exceeding 120 days without being tried and therefore under the law, they qualify to be released unconditionally.

The evidence before court indicates that the said persons were presented before different Courts Martials on  different offenses but mainly unauthorized wearing of UPDF attire contrary to section 164(1)(b) of the UPDF Act 2005.

But the lawyer further notes that the procedure leading to the detention of the said persons who were mainly arrested in December 2020 was irregular and unlawful and therefore their continued detention is an infringement on their right to fair hearing and the right to protection of personal liberty.

“That from the time the said persons were arrested to the time they were each presented in court and remanded, none of them was allowed access to their lawyers but rather were forced to accept the services of the military court lawyers at plea taking”, reads the application in part.

It adds that the family members to the detainees were never allowed access to them during their arrest and detention and most of the said persons were detained in areas unknown to their families and lawyers.

The evidence in court further adds that, “the trial of the said persons has never commenced and it is not yet known when it will commence”.

Turyamusiima now states that the 74 people have been on remand for a period exceeding 120 days that is 210 days which is equivalent to seven months and thus amounts to unreasonable detention.

Turyamusiima’s lawyer Anthony Wameli has told URN that the applicants were picked up from various places in the country during elections and there are many others in jail whom they either don’t know about or are yet to receive instructions to represent them.

The lawyers have listed the Attorney General, the Commissioner General of Prisons and the Officer in Charge of Kitalya Maximum Prison as the respondents to the application respectively.

The demand for unconditional release comes a few months after the General Court Martial in Makindye released on bail 49 other supporters of NUP who had earlier been arrested from Kalangala district during the party president Robert Kyagulanyi Ssentamu’s presidential campaigns.

However, some of those supporters who were released on bail have since been rearrested on charges related to being in possession of explosive devices like bombs allegedly with plans to burn government properties.

Full list of the 74 supporters whom the lawyers are demanding for their release is as follows;

Sserunkuuma John Bosco, Abdallah Katumba Basiima, Alion Aanyo, Amunga Meddie, Arinaitwe Cyrus, Awine Sharif, Bisaso Ivan, Bunjo Christopher, Buwembo Julius, Byamukama Amon, Byamukama Musa, Gabula Haruna, Galiwango Rogers, Gayira Paul, Isingoma Godfrey, Jjunju Ronald, Kabogoza Peter, Kampigano Godfrey, Kasirye Ronald, Kasule Francis, Kato Akram, Katongole Godfrey, Kaviiri Richard, Kavuma Swalek, Kayemba Abubaker, Kayiwa Julius, Kayiwa Ronald, Kayondo Hazard, Kiganda Ronald, Kigozi Isma, Kigozi Jamil, Kitamirike Anthony, Lutaaya Ferdinand, Lutakome Joel, Mawanda Med, Migadde Kassim, Mubiru Jovan, Mubiru Ronald (below 18 years), Mugenyi Dennis, Mugume Obed, Mumbya Hakim, Musinguzi Christopher, Muyomba Edward, Muzamir Muhammed, Mwanje Fred, Nganda Godfrey, Nkalubo Sharif, Nkorwa Sharif, Nkurunziza Fred, Nyombi Moses, Nyombi Richard, Nsubuga Ashraf, Nsubuga Steven, Ntege Joshua, Ojiti David, Okello Maxwell, Omar Shafik, Oponya Haward, Shafik Umar, Sowedi Bbosa, Ssali Joseph, Sseguya Pius, Ssekajja Garvin, Ssemakula John, Ssemwogerere Lawrence, Ssenfuma Issa, Ssentongo Reagan, Sserugo Godfrey, Sserwanga Steven, Ssetooke Charles, Terimanya Richard, Wasinde Shafik, Wassajja Davis and Wasswa Kasozi.

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URN