Constitutional Court rules on terror suspects' trial

By Andante Okanya and Hillary Nsambu  

The Constitutional Court has ruled that the July 2010 Kampala twin bombing suspects are detained in Uganda legally and must stand trial in the High Court.

Wednesday, the court delivered a judgment in a petition in which 11 of the suspects charged with terrorism and murder, were challenging as unlawful their extradition to Uganda.

The suspects are Omar Awadh Omar, Hussein Hassan Agad, Idris Magondu, Isa Ahammed Luyima, Hassan Haruna Luyima, Abubakari Batematyo, Yahya Suleiman Mbuthia. Others are Habib Suleiman Njoroge, Mohammad Hamid Sulaiman, Muhammad Adamu Abdou and Seleman Hijar Nyamandondo.

A total of 78 people perished in the two incidents that occurred at Kyaddondo Rugby Club and the Ethiopian Village Restaurant in Kampala. The third bomb that had been planted at the Makindye House on the same day was defused before it exploded.

The panel of five Justices led by Steven Kavuma, agreed with the Attorney General’s representative principal state attorney Patricia Mutesi, that that there was no breach of the suspects rights in receiving them from the Tanzanian and Kenyan authorities.

The other members of the panel were Solomy  Balungi Bbosa, Remmy Kasule,  Geoffrey Kiryabwire, and Lilian Ekirikubinza Tibatemwa.

Lawyers Peter Walubiri, Caleb Alaka, and Julius Galisonga represented the suspects.

In its ruling, the court exonerated the Uganda Police from accusations by the suspects that it went to Tanzanian and Kenya and connived with their counterparts to arrest and extradite them into Uganda.

The suspects arrived at court from Luzira Prison in a Prison bus amidst heavy joint security from the Prisons Service and Anti- Terrorism Police. They were escorted by two patrol cars.

The suspects had demanded that their trial be stopped on grounds that their arrest and extradition did not follow the requisite procedure.

Justice Bbosa noted that much as there was no proper procedure in the respective countries of arrest, the Uganda Police simply received the suspects on Ugandan soil.

"The alleged illegalities cannot be attributed to Uganda. The respective Police voluntarily surrendered the petitioners. There is no demonstration of proof of conspiracy in the extradition.

We also observe that the East African treaty was domesticated. Article 125 of the treaty enjoins partner states to cooperate on issues of security,"Bbosa stated.