Lakara objects to Mayombo
Jun 16, 2004
THE trial of former Army Chief of Staff Brig. Nakibus Lakara yesterday hit a snag after his lawyers raised a preliminary objection to the charge sheet
BY MAURICE OKORE
and STEVEN CANDIA
THE trial of former Army Chief of Staff Brig. Nakibus Lakara yesterday hit a snag after his lawyers raised a preliminary objection to the charge sheet signed by Col. Noble Mayombo, a junior to the accused.
The lawyers said the charge sheet could only be lawfully signed by a commanding officer of a higher rank than Lakara’s.
Lakara’s lead counsel Caleb Alaka said the manner in which his client was arraigned in the court martial contradicted the Armed Forces Regulations, 1969.
“The commanding officer of the accused person is the one who charges the person and signs the charge sheet. If he cannot handle the matter, he refers it to the Court Martial. In this case, Lakara was supposed to be charged by his commander or his deputy but not Mayombo, his junior,†Alaka told the court chaired by Lt. Gen. Elly Tumwine.
Alaka said by skipping the commanding officer, the prosecution had denied his client fair treatment. He pointed out that given the circumstances, there was no charge against his client and demanded that the prosecution withdraw the case.
Alaka said demanded that the chief of military intelligence, Col. Mayombo, the director of the UPDF Special Investigations Branch, Capt. Katsigazi and the deputy director of military intelligence, Maj. Mugira, be dropped as prosecutors because they were investigating the case and were potential witnesses for the State and the defence.
The objection came before the trial could kick off with Lt. Col Muhoozi testifying as the first witness.
The media was thrown out.
Alaka’s objection may jeopardise several ghost-soldier cases before the court.
The prosecution, however, said Lakara was charged before the court under the Magistrates Court Act. Tumwine then sent the prosecution to reorganise and respond to the objection on July 5.
Lakara has the longest list of
charges.
He is charged with creating ghost soldiers, disobeying the commander-in-chief, neglecting duty and causing loss of over sh450m to the army.
It is said between June 2002 and June 2003, Lakara defied an order by Lt. Gen. Yoweri Museveni not to transfer certain undisclosed soldiers.
Lakara is also accused of neglecting his duties by failing to manage and ascertain the strength of the UPDF between November 2001 and June 2003.
He is also jointly charged with majors Robert Nsabiyunva and Julius Bakirana with inflating the army payroll by 1,567 ghost soldiers, causing a financial loss of sh210m in April 2002 at Bombo.
and STEVEN CANDIA
THE trial of former Army Chief of Staff Brig. Nakibus Lakara yesterday hit a snag after his lawyers raised a preliminary objection to the charge sheet signed by Col. Noble Mayombo, a junior to the accused.
The lawyers said the charge sheet could only be lawfully signed by a commanding officer of a higher rank than Lakara’s.
Lakara’s lead counsel Caleb Alaka said the manner in which his client was arraigned in the court martial contradicted the Armed Forces Regulations, 1969.
“The commanding officer of the accused person is the one who charges the person and signs the charge sheet. If he cannot handle the matter, he refers it to the Court Martial. In this case, Lakara was supposed to be charged by his commander or his deputy but not Mayombo, his junior,†Alaka told the court chaired by Lt. Gen. Elly Tumwine.
Alaka said by skipping the commanding officer, the prosecution had denied his client fair treatment. He pointed out that given the circumstances, there was no charge against his client and demanded that the prosecution withdraw the case.
Alaka said demanded that the chief of military intelligence, Col. Mayombo, the director of the UPDF Special Investigations Branch, Capt. Katsigazi and the deputy director of military intelligence, Maj. Mugira, be dropped as prosecutors because they were investigating the case and were potential witnesses for the State and the defence.
The objection came before the trial could kick off with Lt. Col Muhoozi testifying as the first witness.
The media was thrown out.
Alaka’s objection may jeopardise several ghost-soldier cases before the court.
The prosecution, however, said Lakara was charged before the court under the Magistrates Court Act. Tumwine then sent the prosecution to reorganise and respond to the objection on July 5.
Lakara has the longest list of
charges.
He is charged with creating ghost soldiers, disobeying the commander-in-chief, neglecting duty and causing loss of over sh450m to the army.
It is said between June 2002 and June 2003, Lakara defied an order by Lt. Gen. Yoweri Museveni not to transfer certain undisclosed soldiers.
Lakara is also accused of neglecting his duties by failing to manage and ascertain the strength of the UPDF between November 2001 and June 2003.
He is also jointly charged with majors Robert Nsabiyunva and Julius Bakirana with inflating the army payroll by 1,567 ghost soldiers, causing a financial loss of sh210m in April 2002 at Bombo.