Mabirizi Petitions Constitutional Court over Bobi Wine Trial in General Court Martial
City lawyer, Male Mabirizi Kiwanuka has petitioned the Constitutional Court seeking an annulment of Kyadondo East Member of Parliament, Robert Kyagulanyi Ssentamu also known as Bobi Wine’s trial by the army court for being illegal.
Following his arrest last week following the chaos in Arua municipality by –election, Kyagulanyi was arrested before being charged by the General Court Martial sitting in Gulu of charges related to unlawful possession of fire arms and ammunition contrary to section 3(2) (a) of the Fire Arms Act 299.
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According to the charge sheet, Kyagulanyi, 36 is a person subject to military law by virtue of section 119 (1) of the UPDF Act 2005.
Section 119 (h) states that every person found in possession of arms, ammunition or equipment ordinarily being the monopoly of the defence forces or other classified stores as prescribed by the law is subject to military law.
However in his petition filed on Monday,Mabirizi says it is wrong for thr army court to try members who are members of the armed forces for being found in possession of fire arms.
"Section 119(1) (h) of the UPDF ACt 2005 subjecting non-members of UPDF to military law because of merely being in possession of a fire arm which is a monopoly of the defence forces is inconsistent with the provisions of the Constitution,"Mabirizi says in his petition.
He says that it is illegal for the army court to try civilians using the UPDF Act yet it was meeant only to try members of the defence forces.
The lawyer says the General Court Martial is only a tribunal because it is appointed by the president and not at the level of High Court .
"All the tenets of independence of a court which include scrutiny at appointment and security of tenure are not available to the members of thr military tribunals since the UPDF Act sets up tribunals appointed for a short period with an option to renew which puts them on tenterhooks for fear of bon-renewal and hence culpable to make decisions on the whims of the appointing authority."
He says it is possible that civilians who compete for political space with the commander in chief in the current formation are at a risk of being framed up with charges subject to military law.
"The above is the exact scenario happening with Ho.Robert Kyagulanyi who does not share the same political line with the commander in chief."
"If this court does not annul provisions of the UPDF Act 2005 which makes civilians subject to military law,the democratic and rule of law processes are at a risk in this country ,"Mabirizi adds.
He wants the Constitutional Court to declare trial of MP Kyagulanyi and other civilians by the General Court Martial illegal and those in military detention released.
