Former Bubulo West Member of Parliament Tony Nsubuga Kipoi has challenged his trial by the army court.
Kipoi who was early this year arrested in Botswana before being extradited back to Uganda was charged together with other UPDF soldiers of plotting to overthrow government before the General Court Martial in Makindye.
Through his lawyers led by Ronald Iduli, Kipoi challenges the trial arguing that in 2013, the Director of Public Prosecutions withdrew charges against him before being discharged by the High Court in Kampala.
“On March 19,he was arraigned before the General Court Martial and charged with offences based on similar facts for which a nolle prosequi had been entered by the DPP,”Kipoi’s lawyers say.
He contends that he objected trial by the army court but was overruled by the court adding that it was unlawful and unconstitutional.
The lawyers contend that Kipoi’s trial and detention in a military prison is illegal and unconstitutional.
They lawyers want the court to declare that the proceedings against the former legislator are unlawful and should be dropped.
Meanwhile, the High Court civil division in Kampala has written to the Attorney General, Director of Public Prosecutions, Chief of Defence Forces in the UPDF and commanding officer for Makindye military barracks asking them to appear or be represented as the case hearing starts on June 11.
“If no appearance is made on your behalf, by yourself, your pleader or by someone by law authorised to act for you, the case will be heard and determined in your absence,”says the notice by the court issued on Tuesday.
Recently, Kipoi’s trial kicked off at the General Court Martial in Makindye.
The former Bubulo West legislator was in 2012 arrested and charged with treason for allegedly recruiting youths from both Uganda and DRC as rebels in a bid to depose the Ugandan government.
He would later be released on bail but jumped it and later fled to the Democratic Republic of Congo where he has been hiding until February when he was arrested in Botswana.
In 2014, the General Court Martial in Makindye issued an arrest warrant over Kipoi after the treason charges in the civil court had been transferred to the army court.
In the same year, parliament threw him of the August house for missing 15 sittings without justifying his absence.