High court judge Justice Patricia Basaza has set September 16 as the date on which she is to deliver her ruling in case where Nakawa Municipality MP Hon Michael Kabaziguruka is challenging his trial with treason charges in the an army court when he is a civilian.
Kabaziguruka is currently on remand in Kigo Prison where he was remanded by the Makindye General court martial after being charged alongside 23 other people with treason.
On Friday, Kabaziguruka was produced in court by the Prisons Authority as per the order of court recently issued by the trial judge.
In the submissions by the accused’s lawyers Rwadslaus Rwakafuuzi and Medard Ssegona, Kabaziguruka says it is unlawful for the army court to try a civilian who never committed any service offence as stipulated in the UPDF Act the basis of laws upon which the court martial exercising its duties.
The jailed Member of Parliament also challenges the legality of this court saying that the constitution gave Parliament powers to regulate the operations of the army by making policies for the UPDF as well as other duties but it was never given powers to create a court.
Kabaziguruka seeks court to suspend his trial in the court martial and release him from Kigo prison as well as for the state to be ordered to foot the costs of this petition.
Through counsel Rwakafuzi, Kabaziguruka has challenged the partiality of the General court martial to try him on political offences where the Commander in chief (President) who convenes this court is one of the people interested in the case.
Medard Ssegona in his submission on Friday described the court martial as a tribunal which was established wth a mandate to discipline soldiers but has since gone expanded its scope to include civilians.
“That tribunal as I may refer to it was convened to discipline peers not trying any one they meet on streets. Civilians are not governed by military laws,” submitted Ssegona
Ssegona added that the position of Director of Public Prosecutions (DPP) in the UPDF is questionable because there is no clear law which was followed in creating it.