ADF leader Mukulu requests to stop trial ruling today

KAMPALA - The International Crimes Division of the High Court is expected to deliver a ruling today, June 23, 2025, in a case in which the former leader of the Allied Democratic Forces (ADF) rebel group, Jamil Mukulu, seeks to halt his trial.

Mukulu is challenging the trial together with Muhammad Matovu and Omar Abdallah Mutuka because the extradition terms between Tanzania and Uganda were violated and they were tortured.

The ruling is expected to be delivered by a panel of four justices (names withheld).

Mukulu and his co-accused claim that they were initially only supposed to be charged with murder, but the Ugandan state disregarded the Extradition Act and slapped them with several offences, including terrorism, attempted murder and belonging to a Terrorist group ADF.

Through their lawyers led by Medard Ssegona and Patrick Kasumba, Mukulu and his co-accused are asking the court to halt their trial and struck out the charges slapped against them, arguing that the Ugandan state violated both the principle of fair hearing and the Extradition Act.

“It is illegal and an interference of a judicial process to charge the accused with offences that are outside those mentioned in the extradition hearing process in the Tanzanian Magistrate court upon their capture in 2015,” Ssegona contended.

They argue that during a hearing in Tanzania, the magistrate had to first obtain an assurance from both the Attorney General of Uganda and Tanzania that the three fugitives would not be charged with any other offences beyond nine murders for which they were captured.

However, in an attempt to circumvent and inter-change the judicial process into an executive function, the Attorney General of Uganda wrote to his Tanzanian counter-part informing him that to serve justice to the people of Uganda, Mukulu and co-suspects will be charged with Terrorism and attempted murder as police had retrieved all case files relating to these offences.

The court heard that in 2011, Interpol issued a red notice for Mukulu’s arrest and he was apprehended in 2015 by the Tanzanian authorities and lawfully extradited to Uganda and detained at Nalufenya Police Station, Jinja. 

The trio also seek to nullify the trial on the grounds that they were subjected to torture, cruel treatment and remanded to an un-gazetted place in Nalufenya Police Station for a year.

However, since the three accused had no medical documentation to prove torture, the court examined their bodies before the justices could write a ruling.

The accused persons also claim that the court has no jurisdiction to try them for terrorism offences that were allegedly committed in Kenya and the Democratic Republic of Congo.

Mukulu arrves at court. (Credit: Colleb Mugume)

Defence

However, Senior State Attorney Johnson Natuhwera, representing the Attorney General, contends government cannot be held liable for the body marks /scars of Mukulu.

“There is no proof of torture or cruel treatment adduced by Mukulu and co-applicants before court to warrant an acquittal as doing so would be an excuse to escape criminal liability,” he argued.

Natuhwera said the state is interested in having a speedy and fair trial for the accused, and if there were any omissions, they are not strong enough to have the trial declared a nullity. 

He argued that the accused application is intended to delay the trial as the same issues were heard and dismissed by Justice Eva Luswata five years ago. 

In September 2019, Luswata, who presided over the group’s pre-trial ruled that there was sufficient evidence to warrant the trial of Mukulu and 37 others on 20 offences, including murder and terrorism.

The Assistant Director of Public Prosecutions Lino Anguzu swore an affidavit, stating that the applicants committed heinous crimes including terrorism, murder and armed robbery in Uganda and DR Congo.

Allegations

Prosecution alleges that Mukulu and Salaf Muslim community in Uganda would give orders to his 37 co-suspects to commit murders and robberies in various districts of Kampala, Mable Bugiri, Tororo, Namayingo, Wakiso, Budaka and Budaka.

Mukulu is also implicated in the murder of seven people, including Sheikh Abdukadir Muwaya and Sheik Yunus Abubaker Madangu.  Muwaya was murdered on December 25, 2014, at Kavule LC1 in Mayuge district.

Others killed were LC3 chairperson Tito Kwa, Julius Owori, police constable Muzamir Babale, special police constable Karim Tenywa and John Stephen Owori.

According to prosecution, the accused committed the offence between 2002 and 2015 in various districts, including Kampala for purposes of influencing the government or intimidating the public for political, religious, social or economic aim, and indiscriminately without due regard to the safety of others or property.

The prosecution intends to rely on several exhibits including explosives, guns, ammunition, literature related to activities of ADF, car number plates and confession statements of some suspects during the trial.