The Court of Appeal on Monday, March 27, at Gulu High Court circuit set free three murder convicts after finding out that their sentences were unconstitutional.

Saul Opira alias Ocai, Thomas O. Ocaya and Festus Okot who is at large were set free by the Court of Appeal.

The court heard that Wilfred Opiyo, Charles Arop, Thomas O. Ocaya, Saul Opira alias Ocai and Festus Okot on June 26, 2010, from Kole village, Palwong parish in Amuru district murdered Joseph Obol which is contrary to section 188 and 198 of the constitution f Uganda.

The court further heard that in 2013, Gulu High Court Judge Stephen Mubiru made a court ruling where Wilfred Opiyo and Charles Arop were sentenced while the trio; Saul Opira alias Ocai, Festus Okot and Thomas O. Ocaya were acquitted by the court.

Opiyo and Arop upon their sentence applied for the Court of Appeal which was heard from Arua High Court, but the record of the court ruling of the Gulu high court is not there, so the Court of Appeal sitting in Arua nullified the Gulu high court ruling and referred back the file to Gulu High Court to write the judgment.

Judge Mubiru in his judgment convicted all five and sentenced Wilfred Opiyo to 28 years imprisonment, Charles Arop to 19 years and the trio, Saul Opira, Thomas Ocaya and Festus Okot to 19 years imprisonment.

The trio through their lawyers, Alice Akello Latigo of Latigo and company advocates and Caleb Alaka filed two consolidated appeals of 400 of 2019 and 291 of 2021 seeking justice over their sentences.

Akello told the court that the ruling was unconstitutional.

She said it is not right for a person who has been acquitted by the same court to be sentenced again.

“Article 28(9) of the constitution of Uganda says a person who is tried by a competent court shall not again be tried for that same offence. My lord, I beg to submit that the decision of the high court to convict the trio who were acquitted is unconditional," she said.

Deborah Itwau, the chief attorney general said the ruling was made because the record of the High Court ruling was missing when they were hearing the case in Arua in the Court of Appeal.

Justice Catherine Bamugemerere wondered how the ruling was made and said the Gulu High Court Judge did not follow the law of the procedures; saying anyone acquitted is a free person and should not be arrested.

Justice Frederick Egonda Ntende acquitted the trio and said there is no reason for convicting them.

“You are free men, go back home, more details of the court will be put in writings,” he said.

The court of appeal is stationed in Gulu high court to hear 30 cases in four days. These court cases started on Monday and will end on Thursday where Justice Catherine Bamugemerere, Irene Mulyagonja and Frederick Stephen Martin Egonda are hearing the cases.