Former ADF commander Mukulu loses bid to end terrorism trial
Former Allied Democratic Forces (ADF) commander Jamil Mukulu Alirabaki in the dock at High court in Kampala May 14, 2025. PHOTO / ABUBAKER LUBOWA
What you need to know:
- The ruling clears the way for Uganda’s most high-profile terror trial to resume.
The High Court's International Crimes Division (ICD) has rejected an application by former Allied Democratic Forces (ADF) commander Jamilu Mukulu to halt his terrorism trial, ruling that while his rights were violated, the breaches do not warrant termination of proceedings.
In an 86-page judgment delivered on Monday, the court found that Mukulu, alongside co-accused Muhammad Matovu and Omar Abdallah Mutuka, had been unlawfully detained and publicly paraded before the media, actions that infringed on their constitutional rights.
However, the panel of justices, led by Michael Elubu, Susan Okalany, Stephen Mubiru, and Andrew Bashaija, concluded that these violations were not severe enough to nullify the trial.
“The applicants demonstrated certain infringements on their liberties, including detention beyond the constitutional 48 hours and breach of the presumption of innocence,” the justices said. “However, these do not fatally affect the fairness or merits of the ongoing trial,” they ruled.
Mukulu, once East Africa’s most wanted militant, claimed he was unlawfully extradited from Tanzania in 2015 and subjected to inhuman treatment while detained at Nalufenya Police Station, including being beaten, stripped naked, denied religious freedom, and forced to eat pork, allegations he says amount to torture and political persecution.
He further argued that he was held for over a year at Nalufenya before being transferred to Luzira Prison and only brought before court 12 days after his arrival in Uganda, contrary to constitutional provisions.
The court acknowledged the violation: “He was transferred on July 10 and only produced in court on July 22, a clear breach of his right to personal liberty.”
It also faulted former Inspector General of Police Gen Kale Kayihura for parading Mukulu and his co-accused before the press, labeling them UPDF deserters, thereby undermining their right to be presumed innocent.
Nonetheless, the court dismissed Mukulu’s claims of torture, unlawful confiscation of $38,000 and a camera, and delays in prosecution, stating that the allegations lacked corroborating evidence and that any delays were partly due to the defense team.
“There is no sufficient proof of torture or confiscation of property. The allegations remain unsubstantiated,” the court ruled.
While acknowledging that rights violations had occurred, the justices emphasized that they lacked the jurisdiction to award damages in a criminal trial and advised the applicants to seek civil remedies.
Representing the Attorney General, Johnson Natuhwera defended the state’s position: “The extradition and prosecution followed due process. The allegations of torture are unfounded, and delays were partly caused by the defense. The state is ready to proceed.”
The court reaffirmed that the ICD has jurisdiction to try Mukulu and his co-accused for crimes committed in Uganda between 2002 and 2015, despite defense claims that some offenses occurred abroad.
The ruling clears the way for one of Uganda’s most high-profile terror trials to resume after years of delays, with Mukulu now expected to reappear in court as the prosecution readies its next phase of the case.
