Jailed city lawyer Male Mabirizi has petitioned the International Crimes Division of the High Court, seeking to halt the trial of MPs, Muhammad Ssegirinya and Allan Ssewanyana on several charges including murder.

This comes barely a day after the State gave court presided over by Elizabeth Jane Alividza, fresh evidence which includes statements recorded from 19 witnesses. Prosecution intends to rely on the evidence during pre-trial.

Ssegirinya (Kawempe North) and Ssewanyana (Makindye West) are being accused together with five others of murdering several people using machetes in Masaka greater region last year. They have been on remand at Kitalya Prison for close to a year.

The others are Bulo Wamala, John Mugerwa, Jackson Kanyike, Mike Sserwadda, and Jude Muwonge.

In an application filed in court on Friday, Mabirizi wants the pre-trial hearing stopped, pending determination of his constitutional petition challenging the legality of the new murder charges slapped against the legislators.

Mabirizi contends that his petition came up on June 16, 2022, but it was not heard because two members of the panel disqualified themselves from the matter and the court promised to refix it as soon as possible.

The lawyer asserts that his petition raises serious issues that require interpretation by the Constitutional Court and that there is a threat by the International Crime Court to conduct proceedings before his petition is determined.

In the constitutional petition, the Director of Public Prosecutions, Jane Frances Abodo and the Attorney General, Kiryowa Kiwanuka, are listed as respondents. 

“In the interest of justice, my application should be granted or else court merges the two files against the legislators such that they can be heard and determined together to avoid double jeopardy and persecution,” he said.

Mabirizi purports that the two legislators will suffer irreparable injury if his application is not granted.

However, one of the lawyers of the accused, Geoffrey Turyamusiima said when the application comes up for hearing, he will request court to dismiss it, on account that it will infringe on the accused’s right to speedy trial.

First case

According to court documents, the two legislators were first charged with the murder of Francis Kiiza Mugerwa aka Nswa and Sulaiman Kakooza.

On the same day of September 7, 2021, they were also charged with the attempted murder of Ronald Ssebyooto and terrorism, jointly with five others, emanating from last year’s spate of killings in greater Masaka region.

In this case, the accused were committed to the International Crimes Division of the High Court for trial after State Attorney Richard Birivumbuka informed court that investigations were complete.

The MPs were subsequently granted bail both in the Masaka court and the International Criminal Division in Kampala, but were later re-arrested and slapped with the murder of Joseph Bwanika.

According to prosecution, the legislators allegedly committed the offence on August 2, 2021, at Kisekka B village, Kankamba parish in Lwengo district.

Constitutional petition

This prompted Mabirizi to petition the Constitutional Court, contending that the additional charges amount to persecution, which according to him, is unjustifiable in a free and democratic society and hence unconstitutional.

Background

Prosecution alleges that between January and August last year, the accused and others still at large, with intent to intimidate the public for political, religious or economic purposes, indiscriminately directly involved themselves in the murders and attempted murder of people in Masaka region.

According to the indictment seen by the New Vision, Sserwadda allegedly confessed to having participated in the murders and revealed that he was working with Wamala, Kanyike, Mugerwa and the two MPs to reclaim their presidential ‘victory’.

The meetings, which are said to have been graced by Ssegirinya and Ssewanyana, were allegedly coordinated by Wamala and Diego Coach Bukenya, who is still at large at Makindye and Ndeeba in Kampala.

The indictment indicates that the accused targeted Masaka region because it attracts a lot of media attention.

The two MPs allegedly facilitated their co-accused with cash ranging from sh50,000 to sh100,000 to execute the ‘mission’.

According to the Police, the two MPs were implicated by some of the suspects arrested following the murder of 26 people in Masaka and Lwengo districts.

The case before the International Crimes Court resumes on September 1, 2022.