Lawyer Mabirizi runs to Constitutional court to challenge “political persecution” of MPs Ssewanyana, Ssegirinya
Lawyer Male Mabirizi has petitioned the Constitutional Court challenging the new murder charges against oppositions MPs Allan Ssewanyana and Muhammad Ssegirinya.
The state on Wednesday slapped fresh murder charges against the two opposition legislators in relation to the recent spate of murders in Masaka region.
Keep Reading
According to the charge sheet, the duo and others still at large allegedly murdered Joseph Bwanika at Kisekka B village in Lwengo district.
However, according to Mabirizi, the magistrates court and High Court in Masaka should re restrained from trying the two legislators over the new charges because they defeat the bail granted to the accused earlier.
“The Chief Magistrate defeated the bail earlier granted by High Court thereby depriving Allan Ssewanyana and Muhammad Ssegirinya of their liberty which they had obtained through the grant of bail upon payment of shs20 million each and execution of respective bonds by their sureties which would not be the case had it been an amendment to the initial charge sheet,”Mabirizi says.
The lawyer argues that the actions by the state have made it difficult for the two legislators to be effectively represented by a lawyer of their choice at their own expense given the repetitive court sessions.
“This action now requires Allan Ssewanyana and Muhammad Ssegirinya to make new bail applications on offences alleged to be committed within same period and area for alleged same purpose.”
The lawyer says the court in Masaka has in this case failed to do justice to the two MPs.
Political persecution
In his arguments, Mabirizi says the act of slapping fresh murder charges against the two amounts to political persecution as opposition Members of Parliament.
“Going by the political opposition side and actions of Allan Ssewanyana and Muhammad Ssegirinya, the above actions amount to political persecution against them as opposition MPs. The above conduct is not demonstrably justifiable in a free and democratic society and is not provided in the Constitution.”
“If this court doesn’t annul the impugned actions and decisions, Ssewanyana, Ssegirinya and any other person suspected to have participated in “Bijambiya” is likely to have about 30 different criminal files, the number of people killed in the process.”
He argues that his petition raises serious questions for constitutional interpretation ranging from the right to fair hearing, double jeopardy, abuse of the process by the Director of Public Prosecutions and the duty of court in protecting the public from an “errant” executive arm of government.
Mabirizi now wants court issue a temporary injunction restraining the DPP from any further proceedings in regards the September 29,2021 case file of the murder of Joseph Bwanika against the two legislators.
He also wants the Constitutional Court to restrain the Masaka Chief Magistrates Court and any other magistrates or High Court from conducting any other proceeding in regards the new cases file.
“The Constitutional Court should issue a temporary injunction releasing Allan Ssewanyana and Muhammad Ssegirinya from Uganda Prisons custody or any other custody until the final determination of the petition,”Mabirizi says.
