Lawyers representing opposition leaders Col Dr Kizza Besigye and Obeid Lutale have filed a petition before Uganda’s Constitutional Court, contesting the legality of their clients’ trial in the General Court Martial.
Legal Challenge and Basis
Lead counsel Erias Lukwago addressed the press outside the court, outlining the basis of their challenge, citing jurisdictional concerns, unlawful extradition, and security threats.
Allegations of Unlawful Extradition
Lukwago asserted that the extradition of Besigye and Lutale from Kenya to Uganda was conducted without adherence to legal protocols.
“The extradition process of the suspects was never done in accordance with the law because they were just repatriated without following the legal process. There was no court order, and the Extradition Acts of Kenya and Uganda were never followed. In a nutshell, it was an abduction,” he stated.
He further emphasized that any legal proceedings stemming from such actions are inherently null and void.
Jurisdictional Concerns Raised
The petition also challenges the General Court Martial’s jurisdiction over alleged offences committed outside Uganda.
The charge sheet states that Besigye and Lutale committed the offences in different locations in Kenya, Switzerland, and Greece.
Lukwago contended that the court is asserting “extraterritorial jurisdiction” over incidents purportedly occurring in foreign lands, raising serious legal and sovereignty concerns.
Additionally, he argued that the military court lacks authority to try civilians on charges that are typically handled by civilian courts.
“Civilians who are not subject to martial law should be tried in a civilian court,” Lukwago asserted.
Security Concerns Highlighted
The petition also references a statement attributed to General Muhoozi Kainerugaba, the Chief of Defence Forces, suggesting a direct threat to Dr Besigye’s life.
“One of the things we have highlighted in the petition is the threat issued by Gen Muhoozi Kainerugaba that by 9th June (Heroes’ Day), Dr Besigye will have been executed in Gulu.”
Constitutional Court to Examine Claims
With these serious allegations now before the Constitutional Court, the judiciary faces a crucial decision on whether the trial in the General Court Martial should proceed or be ruled unconstitutional.
As the case unfolds, legal experts and human rights organizations will be closely watching the court’s determination on the rights of civilians in military courts, the rule of law, and the adherence to due process in Uganda’s legal system.
Stay tuned for further updates on this evolving legal battle.
