Jailed police boss challenges his trial before army court
Lawlessness. Former commander of Special Operations Unit Nixon Agasirwe at the General Court Martial in Makindye, Kampala. PHOTO BY ABUBAKER LUBOWA
What you need to know:
- Jailed Senior Superintendent of Police Nixon Agasiirwe wants express orders for his release from custody at Luzira prison on grounds that he is not a Military officer and therefore cannot be subjected to military law.
KAMPALA. Jailed Senior Superintendent of Police Nixon Agasiirwe has petitioned the High Court challenging his trial before the General Court Martial on charges of kidnapping three Rwandans.
According to the court documents, Mr Agasiirwe states that the basis of his charges before the army court are not substantial as he cannot be blamed for illegally possessing a firearm yet given his vocation as a senior Superintendent of police, he is licensed to hold one.
Agasiirwe is facing charges of kidnapping former bodyguard of Rwandan President Paul Kagame in 2013, who was dubiously extradited back home and sentenced to life imprisonment.
He is charged together with eight other police officers including former commandant of Police Professional Standards Unit Joel Aguma, Assistant Superintendent of Police James Magada (Crime Intelligence), Sgt Abel Tumukunde (the Flying Squad), SPC Faisal Katende (Flying Squad), AIP Benon Atwebembeirwe and D/Cpl Amon Kwarisima attached to crime intelligence.
In his sworn affidavit, Agasiirwe contends that the particulars of the offence against him do not further disclose that he possesses a firearm certificate for his armoury issued by the chief licensing officer as prescribed.
“If the said particulars had been disclosed by the military tribunal, I would not fall within the jurisdiction of the General Court Martial for trial. I strongly believe that these charges are being concocted in order to persecute me and not prosecute me” reads part of his affidavit.
He contends that his bail application together with co-accused has been deferred two times and yet they continue to prefer fresh charges against him without justification but with impunity and malice geared at keeping him incarcerated.
Agasiirwe wants express orders for his release from custody at Luzira prison on grounds that he is not a Military officer and therefore cannot be subjected to military law.
Agasiirwe argues that the misconception by the military tribunal partly formed the basis of their bias and if not checked, this shall greatly result in irreparable injury on him.
He now wants court to declare that the UPDF unit disciplinary committee and General Court Martial has no jurisdiction to try him on the charges preferred against him.
He also wants a permanent injunction restraining the respondent, its agents, servants and all those acting on their behalf from continuing with the prosecution of the applicant in any UPDF tribunal for the offence of kidnapping 3 Rwandese nationals.
Agasiirwe further wants compensation for the violation of his right to a fair hearing and freedom from personal liberty and costs of the application.
