ADF leader Mukulu ruling for June

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The International Crimes Division of the High Court is expected to deliver a ruling on June 23, 2025, in a case in which the former Allied Democratic Forces (ADF) rebel group leader, Jamil Mukulu Alirabaki wants his trial halted, citing violation of the Extradition Act and alleged torture.

Mukulu is challenging the trial together with Muhammad Matovu and Omar Abdallah Mutuka.

A panel of four justices (names withheld) fixed the date on May 14, 2025, after hearing submissions from the lawyers representing the accused persons and the representative of the Attorney General.

Mukulu and his co-accused are being represented by Medard Ssegona and Patrick Kasumba, while the Attorney General is represented by Senior State Attorney Johnson Natuhwera.

Through his lawyers, Mukulu claims that he was initially only supposed to be charged with murder, but the Ugandan state blatantly disregarded the Extradition Act and slapped him with several offences, including terrorism, attempted murder and belonging to a Terrorist group ADF.

Mukulu and his co-accused are, therefore, asking the court to halt their trial and strike out the charges slapped against them, arguing that the Ugandan state violated both the principle of fair hearing and the Extradition Act.

Former Allied Democratic Forces (ADF) rebel leader, Jamil Mukulu (right) with his co-accused, Muhammad Matovu (centre) and Umar Isabirye on the left, appearing in the dock at the Criminal Division of the High Court in Kampala city on Wednesday, May 14, 2025. They face over 20 charges, which include Terrorism, murder, attempted murder, and belonging to a terrorist group, among others. (Photo by Margret Zalwango)

“It is illegal and an interference with 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 will not be charged with any other offences beyond the 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 ungazetted 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.



Defence

However, Senior State Attorney Johnson Natuhwera, representing the Attorney General, contends the 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 the 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 made, 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 the Salaf Muslim community in Uganda would give orders to his 37 co-suspects to commit murders and robberies in various districts of Kampala, Mbale, Bugiri, Tororo, Namayingo, Wakiso, Budaka and Budaka.

Mukulu is also implicated in the murder of seven people, including Sheikh Abdukadir Muwaya and Sheikh 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 the 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.