Kampala lawyer known for his passion for justice, Male Mabirizi has this afternoon filed a petition challenging the trial of Kyadondo East Legislator Robert Kyagulanyi alias Bobi Wine in the Military Court Martial.
Mabirizi’s petition has been filed in the Civil Division of High Court. This stems from the charging of Kyagulanyi in the army court martial in Gulu last week, before he was flown to Makindye military barracks where he is being held to date.
The MP was charged with unlawful possession of firearms and ammunition, which is a luxury for only military officers.
Mabirizi in his petition sues the attorney General quoting the UPDF Act on some of the sections that bar Civilians from being tried in the Military Court.
According to the petitioner, the law contravenes with the constitution articles 8(a) 20(1) among others which guarantee rule of law, equality before the law, right to life, fair hearing and article 210 which mandates parliament to only make laws to regulate the discipline of UPDF.
He now argues that the actions of UPDF to remand and sentence civilians to the military barracks/facilities after appearing before the general court-martial are inconsistent because the act contravenes with the supreme law of the constitution and violates the independence of the judiciary.
He wants court to order an injunction restraining UPDF, the respondent his agents and all persons or bodies claiming through him from enforcing their military laws to civilians and for the respondent, his agent or to unconditionally release Kyagulanyi or any other civilian who was charged or convicted or sentenced under the sections 119(1)g, 119(1)(h), 161(1)(a), (b) and c, 161(3) and 161(4) of the UPDF, Act, 2005.
The petitioner further wants awards of general damages due to disturbance and anguish caused to Kyagulanyi arising out of the actions complained against in the petition.
