Kipoi challenges his trial in the Court Martial

Former Bubulo West MP, Tony Nsubuga Kipoi, accused of recruiting people into rebel activities, has petitioned court, challenging his trial at the army court.

In a suit filed at the Civil Division of the High Court on Friday, Kipoi argues that the General Court Martial (GCM) does not have the powers to try him on the offences that were dropped by the Director of Public Prosecution (DPP) at the High Court in Kampala.

"I want court to declare that the court martial is a subordinate court to the High court and that it has no powers to try me for offences similar or and related to the offences which DPP dropped," he requested.

Kipoi filed the suit against the Attorney General, who is the principal legal advisor of government, through his lawyer, Rtd Maj. Ronald Iduuli from Ojok Advocates.

In 2014, the DPP withdrew treason charges against Kipoi after it failed to get witnesses to pin him of the crime.

Prosecution had alleged that Kipoi was recruiting people in both Uganda and DR Congo to overthrow the Government. He was also said to be the financer of the Allied Democratic Front (ADF) rebel group.

However, Kipoi was again arraigned before the GCM on March 19, 2018 and charged with offences related to security following his deportation back to Uganda, from Botswana.

The offence attracts a maximum penalty of death, on conviction.

He was charged alongside Sgt Yunus Lemeriga, Cpl Rogers Mweru, Sgt Adams Mawa, Sgt Albino Okeng and Pte Dodola Ijosiga, all soldiers attached to the armoured brigade in Masaka district.

Prosecution led by Maj. Raphael Mugisha alleges that the accused and others still at large between November 2012 and December 2013 in diverse places of Kampala, Wakiso, Nakasongola, Fort Portal, Ntoroko and Masaka convened meetings to recruit soldiers to jeopardise the security of the country.

Kipoi wants court to declare that the institution of criminal proceedings against him in court martial by the DPP was illegal and unconstitutional because he is not subjected to military law.

Kipoi has also asked court to compel the army to release him from Luzira Prison and order it to return his passport and other travel documents.

He claims that when the DPP discharged him of treason, security personnel started trailing him and on realizing that his life was in danger, he fled to the Democratic Republic of Congo, where he was granted political asylum and he subsequently relocated to Botswana.

On February 3, 2018, Kipoi was arrested in Botswana on accusations of masquerading as a witch doctor and defrauding four female victims of more than 290,000 Pula, about (sh111.6m), and deported back to Uganda.