Kasule reinstates Besigye petition
Dec 14, 2005
RETIRED Col. Kizza Besigye’s constitutional petition challenging the powers of the Military General Court Martial (GCM) that had been withdrawn has been re-instated and consolidated with that of his co-accused.
By Hillary Kiirya
RETIRED Col. Kizza Besigye’s constitutional petition challenging the powers of the Military General Court Martial (GCM) that had been withdrawn has been re-instated and consolidated with that of his co-accused.
The consolidation comes after High Court judge Remmy Kasule on Monday referred Besigye’s application for release, injunction and prohibition to the Constructional Court for interpretation.
The court yesterday adopted the petition but declined to consolidate it with that of the Uganda Law Society (ULS). Solicitor General Lucian Tibaruha, who appeared together with the Director for Civil Litigation, Joseph Matsiko, had asked court to combine the three to make it one.
Tibaruha submitted that the contents of the ULS petition were not for public interest but protecting the rights of Besigye’s arrest and 22 others on trial in the GCM. This did not, however, go well with the ULS legal team. They argued that their petition was not for political but strictly public interest.
The parties yesterday met for a scheduling conference (agree and disagree) on issues to be raised during the hearing. The now two petitions shall be heard separately, one after the other, on a date yet to be fixed.
Five judges led by the Deputy Chief Justice, Laetitia Kikonyogo, yesterday convened to guide the lawyers on how they are going to proceed. Kikonyogo emphasised that the matter has to be heard expeditiously. The other judges on the panel were Justices Galdino Okello, George Engwau, Constance Byamugisha and Steven Kavuma.
Besigye and 22 others are facing charges of treason, concealing treason before the High Court and terrorism charges before the GCM which are due for hearing on Monday.
They contend that the GCM does not have the prerogative to entertain charges of terrorism and illegal possession of firearms.
RETIRED Col. Kizza Besigye’s constitutional petition challenging the powers of the Military General Court Martial (GCM) that had been withdrawn has been re-instated and consolidated with that of his co-accused.
The consolidation comes after High Court judge Remmy Kasule on Monday referred Besigye’s application for release, injunction and prohibition to the Constructional Court for interpretation.
The court yesterday adopted the petition but declined to consolidate it with that of the Uganda Law Society (ULS). Solicitor General Lucian Tibaruha, who appeared together with the Director for Civil Litigation, Joseph Matsiko, had asked court to combine the three to make it one.
Tibaruha submitted that the contents of the ULS petition were not for public interest but protecting the rights of Besigye’s arrest and 22 others on trial in the GCM. This did not, however, go well with the ULS legal team. They argued that their petition was not for political but strictly public interest.
The parties yesterday met for a scheduling conference (agree and disagree) on issues to be raised during the hearing. The now two petitions shall be heard separately, one after the other, on a date yet to be fixed.
Five judges led by the Deputy Chief Justice, Laetitia Kikonyogo, yesterday convened to guide the lawyers on how they are going to proceed. Kikonyogo emphasised that the matter has to be heard expeditiously. The other judges on the panel were Justices Galdino Okello, George Engwau, Constance Byamugisha and Steven Kavuma.
Besigye and 22 others are facing charges of treason, concealing treason before the High Court and terrorism charges before the GCM which are due for hearing on Monday.
They contend that the GCM does not have the prerogative to entertain charges of terrorism and illegal possession of firearms.