BY Iryn Nandawula
Justice-seeking lawyer Kassim Male Hassan Mabirizi this Monday morning petitioned the Constitutional Court challenging the trial of Kyadondo East MP, Hon Kyagulanyi Sentamu aka Bobi Wine, a civilian in army court. Kyagulanyi was charged with unlawful possession of fire arms and is to face court martial following the Arua chaos.
Mabirizi says the constitutional provision that allows trial of civilians in the court martial needs to be revised or many people especially those opposing the government are likely to suffer gravely. He blames this on parliament for making laws relating to the jurisdiction of the Court martial under the UPDF Act of 2005. He cited examples of himself who sued the government over the age limit constitutional amendment as likely victims to fall prey to this persecution. Mabirizi points out that charging Kyagulanyi before the General Court martial in Gulu on 16th August 2018 as a person subject to military law under section 119(1)(h) of the UPDF Act 2005 are inconsistent with section 3(2) of the Fire arms Act. He adds that if anybody is convicted under the fire arms Act for unlawful possession of ammunition, he/she suffers a maximum sentence of 10 years and a court fine not exceeding Shs20,000. In the military court, however, he is most likely to suffer death or life imprisonment.
“Section 119 (1) (h) of the UPDF Act that subjects none members of UPDF to Military Law because of mere possession of a fire arm is inconsistent with 8A,20(1),20(2),21(1),28(1) ,44 (c) 126(1) ,128(1) ,128(1) ,128(2),129 and 210 of the constitution which currants rule of law, right to life, right to fair hearing, administration of justice in the name of people and mandates parliament to only make laws to regulate discipline of members of UPDF,” he said. The laws in place in the UPDF Act were meant to discipline notorious army officers and not mere citizens like Bobi Wine. The lawyer conclusively asked court to order for immediate release of Kyagulanyi and any other member who could have been charged or convicted under section 119 of the UPDF Act 2005. He wants a permanent injunction against the General Court Martial from prosecuting Kyagulanyi.
