Free: The Observer Mobile App - Exclusive Content and Services
Court orders for unconditional release of Bobi Wine bodyguard
Written by URN
The High court has ordered for the immediate and unconditional release of Eddie Mutwe, the body guard of the Kyadondo East legislator, Robert Kyagulanyi aka Bobi Wine.
Mutwe was allegedly picked up by state operatives from Semakokiro Plaza in Kamwokya on August 25, days after the arrest of his boss Kyagulanyi on August 14. Mutwe was locked up incommunicado in an unknown place. His lawyer, Eron Kiiza filed a habeas corpus application on August 30.
A habeas corpus is an application filed seeking the production in court of an arrested person so the suspect can answer to charges if any. Justice Musa Sekaana directed security agencies to produce Mutwe in court on September 4 and justify why he was being detained.
The orders to release Mutwe were issued to the attorney general, chief of defense forces and the director of Chieftaincy of Military Intelligence (CMI) on grounds that their actions were unconstitutional. On September 4, state prosecutor Peter Tusubira told court that Mutwe would be taken to Gulu Magistrate's court to answer to charges of treason just like Kyagulanyi and 33 others.
Tusubira asked court to adjourn the matter until this morning when he would update court on whether Mutwe had been charged or not. However, Tusubira was a no show in the court room as promised. Mutwe's lawyer, Kiiza informed court that his client has never appeared before court.
He argued that the continued detention of his client is illegal and infringes on his constitutional rights to a fair hearing and asked court to order whoever has him to release him unconditionally.
In his ruling, Justice Sekaana said the continued detention of Mutwe is illegal and ordered that he should be released immediately and unconditionally. Sekaana stated that there was no proof that Mutwe was ever produced in any court given the fact that neither his lawyers nor family has seen him in court.
On September 6, Kiiza wrote to the CID director, AIGP Grace Akullo demanding for the release of Mutwe or else she gets sued.
The following day, Kiiza sued Akullo for the illegal detention of Mutwe. When contacted on why Mutwe hasn't been produced in court, police spokesperson, Emilian Kayima referred us to Vincent Ssekate, the spokesperson of the Criminal Investigations Department (CID). Ssekate said he was going to find out whether Mutwe is still with police.
Initially the state had denied they were holding Mutwe.