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Nakawa MP Michael Kabaziguruka on Thursday petitioned the Constitutional Court, seeking it to declare the General Court Martial and other military courts unconstitutionally established.
Kabaziguruka, who faces treachery charges before the General Court Martial, is out on bail granted by Kampala High Court.
Judge Yasin Nyanzi heard Kabaziguruka’s bail application last month ex-parte as the DPP refused to respond to it saying the law doesn’t allow him prosecute matters that are before the General Court Martial.
Through his lawyers Lukwago and company advocates, Kabaziguruka also wants the powers of the military court chopped and limited to only disciplining soldiers and not prosecuting them, or civilians.
Kabaziguruka says the army courts are merely tribunals set up for purposes of disciplining errant military officers and not courts of law within the meaning of the constitution.
Kabaziguruka accuses the 6th Parliament of over stepping its powers by creating section 197 of the UPDF Act that establishes the General Court Martial, instead of leaving it as tribunal to instill discipline among UPDF soldiers.
He now wants the Constitutional Court to order for his discharge and that of other persons whom he maintains are wrongly tried in the army court.
MP Kabaziguruka was arrested in June 2016 and charged before the General Court Martial in Makindye with treachery and offences relating to security which the prosecution says he committed in connivance with several UPDF officers.
He was remanded to Kigo government prison only to be released on bail last month. His trial is scheduled for December 6 in the Army Court.
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editor@independent.co.ug
