Boda-Boda 2010 patron Abdullah Kitatta has filed another application before the High Court challenging his trial by the General Court Martial in Makindye.
Last week, Justice Yasin Nyanzi from the criminal division of the High Court threw out Kitatta’s suit arguing it had been filed in a wrong court before advising him to try the civil division to address his grievances.
However, in his new suit, the Boda Boda 2010 patron through his lawyers led by Jimmy Muyanja in the civil division, he has sued the army court, its registrar John Bizimana, judge advocate Col.Gideon Katinda, army prosecutor, the Attorney General and the Director of Public Prosecutions.
In the suit, Kitatta wants court to declare his trial before the General Court Martial a nullity before ordering that he is tried by a competent magistrate’s court or High Court criminal division.
Kitatta was in January arrested together with other Boda Boda 2010 members before the group was slapped with a number of charges related to unlawful possession of government military stores.
He would later refuse to take plea before the General Court Martial in Makindye citing lack of jurisdiction by the army court over him because he is a civilian but he later backtracked and accepted to be charged.
He was charged together with Matia Ssenfuka, Joel Kibirige, Hassan Ssemata, Jonathan Kayondo, Ssengooba Hassan, Sande Ssemwogerere, John Ssebandeke, Hussein Mugema, Fred Bwanika and Amon Twinomujuni with a number of offences related to unlawful possession of military hardware.
Prosecution alleges that Abudallah Kitatta, Sowali Ngobi and Ibrahim Ssekajja were found in unlawful possession of an SMG rifle and a pistol without a valid firearm licence, contrary to Section 3 and section 2 of the Fire Arms Act on January 21st in Wakaliga, Rubaga division.
The group is also accused of unlawful possession of 30 and 20 rounds of ammunition for SMG rifles and pistol respectively which are government stores contrary to section 161 of the UPDF Act.
The army also accuses the group of unlawful possession of military equipment including headgear and uniforms which are a monopoly of the defence forces.
The offences against the group are criminal in nature and attract a maximum sentences of death and life imprisonment respectively according to the UPDF Act 2005.
The former chairman for the ruling NRM party in Rubaga division last week wept as the army exhibited guns and live ammunitions found with him during his arrest early this month.