There is an ongoing contest between Uganda People's Defense Forces- UPDF General Court Martial and the High Court of Uganda, after the latter ordered for the release and compensation of Joel Aguma, the former Commandant of the Police Professional Standards Unit (PSU).
High Court Judge, Margret Oguli Oumo last week through the Attorney General directed the General Court Martial to drop all the charges against Aguma and pay him Shilling 200million in compensation. The suspect, now victim was arraigned before the court martial three months ago along with seven others for illegally repatriating Rwandan nationals and possession of military weapons.
Aguma however petitioned High court, claiming his trial before the court amounts to double jeopardy since he was tried by the police council for the same offenses. In his sworn affidavit, Aguma argued that he was thoroughly investigated, tried and sentenced to caution by the Police Council.
Justice Oguli in her judgment, concurred with Aguma, saying his trial for the same offenses in the court martial amounts to double jeopardy given the fact that he was tried by another wing of an Armed Force. She therefore directed the army court to hand over the police officer to the Police Professional Standards Unit for investigations and appropriate action.
But, the army is yet to comply with the judgment. According to reports, Agume is still holed up in Makindye military police barracks despite the order by High Court to release him. UPDF Deputy Spokesperson, Lt. Deo Akiiki, insists the Court Martial has complied with the court order in relationship to the cases of kidnap.
"We will appeal the decision on the kidnap case since court based its decision on a judicial review that apply to only a public body and not to an established court like the General Court Martial," Lt Col Akiiki told Uganda Radio Network.
Lt Col Akiii further said they will appeal the compensation of Shillings 200 million give to Agume by the High court. "It should also be noted that, legally, "sociari mandamus prohibison" type of cases, under which the order was issued do not attract costs and therefore it was inconsistent to award aguma any costs," Lt Col Akiiki said.
He disclosed that the army has other cases against Aguma. "The General Court Martial has other charges against Aguma different from those he has been exonerated from by the Court, which it will continue hearing," he said.
