DPP declines to proceed in this matter under the basis of Article 123 of the Constitution which excludes the DPP
The office of the Director of Public Prosecution (DPP) has declined to engage in Nakawa division Member of Parliament Michael Kabaziguruka's case on grounds that it does not handle court martial cases.
The hearing of a bail application by Kabaziguruka which was slated to kick-off hit a snag at the criminal division of the high court, after the state represented by Senior State Prosecutor Isaiah Wanamama told court presided over by Justice Yasin Nyanzi that the DPP had instructed him not to proceed with the application.
The court was packed with opposition leaders including Forum for Democratic Change (FDC) president, Mugisha Muntu and Leader of opposition in parliament, Winnie Kizza.
"DPP declines to proceed in this matter under the basis of Article 123 of the Constitution which excludes the DPP from handling court martial cases," Wanamama argued.
In reply, the lawyer representing Kabaziguruka, Ladislaus Rwakafuzi said the contention of whether the DPP should not be a party in the case is a triable issue that needs to be resolved by court.
"Since we are inclined to procced ex-parte (one party), we shall give a chance to GCM institutions and the DPP to decide who should appear in court," Rwakafuzi stated.
Kabaziguruka is battling charges of treason before the army court based in the city suburbs of Makindye. He together with 23 other people is accused of plotting to overthrow government.
Kabaziguruka's bail hearing has been adjourned to October 20