Constitutional Court halts MP Kabaziguruka trial

The Constitutional Court has issued an interim order temporarily restraining the General Court Martial in Makindye from proceeding to hear the treason charges against Nakawa Division MP Michael Kabaziguruka.

The order issued by justice Remmy Kasule comes a day before the General Court Martial was set to start hearing the case against the MP, who had a pending Constitutional Court petition in which he is questioning the legality and existence of the military court.

He wants the military court dissolved, saying it is unlawfully established and has no powers to either try civilians or officers and men of the UPDF as its jurisdiction is limited to instilling discipline in errant soldiers.

"An interim order is issued to the effect that between now and January 31, the General Court Martial at Makindye, stays the trial of the applicant," Justice Kasule’s order reads in part.

The issuance of the interim order was done in the presence of Ms Jane Francis Nafuma who represented the Attorney General and Mr Medard Seggona, Mr Kabaziguruka’s lawyer.

Mr Kabaziguruka is facing treason charges in which he is accused of conniving with serving officers in the army to contrive a plot to overthrow the lawful government of Uganda between February and June last year.

He spent several months on remand at Kigo Prison until October last year when he was released by the High Court on bail.

In his main petition before the Constitutional Court, the law maker wants orders discharging him and any other persons facing trial before the military court.

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Judge Wasswa said unless repealed or invalidated by the Constitutional Court, the Act makes civilian suspects subject to military law over charges of aiding and abetting serving UPDF officers to commit service offences