The office of the Attorney General has maintained that Michael Kabaziguruka the Nakawa MP must face the Makindye-based Army Court Martial over allegations of aiding the over throw of government using military means yet he is a civilian.
According to Denis Bireije the Director of Civil Litigation in the Attorney General’s chambers has said the magnitude of Kabaziguruka’s case can only be handled by the General Court Martial without.
Bireije made the statements in an affidavit filed before the Constitutional Court today.
“As a civilian, Kabaziguruka is alleged to have been aiding and abetting persons subject to military law to commit service offences which bring him under the realm of the General Court Martial” Dennis Bireije said.
Particulars of the case: Prosecution states that between May and June this year, the accused and others still at large in diverse places in Wakiso, Luwero and Kampala districts committed treachery by infiltrating the defence forces and engaging in war-like activities with intent to overthrow the government of Uganda.
On November 17, Mr Kabaziguruka petitioned the Constitutional Court challenging his trial in the General Court Martial. The petition is still pending the hearing and judgement.
“Because we respect institutions, we refer to this (place) what you are presiding over as a court but not within the meaning of the Constitution. Our prayer is that prosecution of this case be stayed pending determination of the pending petition,” Mr Ssegona submitted to the military court.
Mr Ssegona’s application followed a submission by the prosecution that investigations into the case had been completed and that they were ready for the hearing.
“…We do not have a witness today. I pray for a short adjournment to enable us summon witnesses,” said Capt Samuel Masereje, one of the army prosecutors.
Mr Kabazigruka is now out of jail on bail while his co-suspects are still on remand in Kigo prison.
His co-accused include: Capt Andrew Ojaa, attached to the Land Forces at Bombo, Cpl Geoffrey Idro from Military Police, Cpl Richard Odama from Nakasongola Air Force Defence Division, Lance Cpl Raymond Drachiri and Lance Cpl Godfrey Inyani (both of Makindye Military Police), Obua Jacob from Counter Intelligence under Camp Commandant’s Office at Bombo and Ferdinand Obulejo, a police officer, Felix Oluge, Fredrick Namara and Musa Lutwama, WOII Isaac Kasabongo, attached to the Land Forces Command, and Sgt Musa Mawa, an armoury officer, both at Bombo army headquarters.
Others are: Pte Christopher Omony (from the UPDF directorate of sports), Pte Amude Geoffrey (Land Forces at Bombo), Pte Shafik Masembe, Bilal Asuman, Cpl Tibesigwa Emmanuel, Cpl Elweru Justine, Pte Angola Ibrahim, Pte Oonyu Ambrose, Pte Matagi James, Pte Achan Lucy, Pte Oguti Billy Paul, Namara Fredrick, Pte James Byamaka and Pte Benon Tugume.
