Michael Kabaziguruka, the embattled Nakawa division MP, has petitioned the Constitutional court to stop his trial in the General Court Martial.
Through Lukwago and Company Advocates, Kabaziguruka argues that if his trial in the army court is not stopped to allow his petition to be heard in the Constitutional court, he might suffer irreparable damage.
“I’m now scheduled to appear before the court martial this month of January when the trial is scheduled to begin before my petition and the main application
are heard and determined, and this gravely threatens my right to a fair hearing before an impartial and competent court…,” Kabaziguruka said in his sworn affidavit in support of the petition.
He said he is worried that if the court martial is not stopped from proceeding with the hearing of his alleged criminal case, he might suffer irreparable damage, which may even involve death since the charges against him attract a possible death penalty.
Kabaziguruka was arrested on June 8 last year, and later arraigned before the General Court Martial at Makindye presided over by Lt Gen Andrew Gutti. He was charged alongside 22 others, including serving UPDF officers, with treason and conspiracy to overthrow the government of Uganda by force.
He was subsequently remanded to Kigo prison until October 20 when the High court granted him bail. In his application, Kabaziguruka contends that a military court martial is not a court of competent jurisdiction within the meaning of the Constitution of Uganda and that he doesn’t expect any fair hearing from it.
He added that in any case, as a civilian, he cannot be subjected to its jurisdiction.
“I objected to the competence of the said court martial’s authority to try me as a civilian with no military connection, as well as the contest that it is not a court of law within the meaning of the Constitution of Uganda… but the officers of the said body insisted that they have the authority of law to try persons with all offences under the law…,”Kabaziguruka said in his affidavit.
He added that the provisions of the UPDF Act that purport to establish the General Court Martial with powers to try capital and non-disciplinary offences are inconsistent with and in contravention of articles 28 and 210 of the Constitution.
Article 28 states that, “Every person has a right to a fair, quick and public hearing before an independent court or tribunal established by law.”
On the other hand, article 210 states that parliament shall make laws regulating the Uganda People’s Defence Forces, in particular, providing for— (a) the organs and structures of the Uganda People’s Defence Forces; (b) recruitment, appointment, promotion, discipline and removal of members of the army; (c) terms and conditions of service of members of the army; and (d) the deployment of troops outside Uganda.”
The attorney general, who is the respondent in the petition filed on January 5, is yet to respond.
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