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Besigye, Lukwago case stallsPublish Date: Jan 22, 2014
Besigye, Lukwago case stalls
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By Michael Odeng and Emmanuel Luganda a

Buganda Road Chief Magistrates Court on Wednesday halted the case in which former Forum for Democratic Change president Dr. Kiiza Besigye and the former Kampala mayor, Erias Lukwago, are accused of being members of an unlawful society.

The two opposition politicians are facing charges related to the activities of the outlawed 4GC (For God and My Country) and Activists for Change groups.

Presiding grade one magistrate, Julius Borore, Wednesday stayed the trial until the Constitutional Court pronounces itself on a petition the accused filed before it, challenging the legality of Sections 56 to 64 of the Penal Code Act, under which they are charged.

The ruling was made in the presence of both Besigye and Lukwago.

The court ruling came after the defence lawyer; Chrysostom Katumba presented a document in court showing that there is a reference in Constitutional Court, challenging the legality of the charges.  

Besigye and Lukwago, through their lawyers, had told court that they could not stand trial because the police violated their constitutional rights by not arraigning them in court within 48 hours from the time of arrest, rendering the charges a nullity.

The suspects also claim that they were transferred from CPS to Nagalama police station in the middle of the night (3:00am).

Following this protest, Besigye and Lukwago declined to take plea to the charges preferred against them and chose to remain quiet.

Prosecution alleges that Besigye, Lukwago and others still at large, on July 19, 2013 conducted themselves as members of the outlawed activist groups.

 

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