▶️ Kipoi's co-accused acquitted on treason charges

COURT MARTIAL|TREASON|CRIME

KAMPALA - The Army Court has acquitted six soldiers charged with former Bubulo West MP, Tony Kipoi Nsubuga, after ruling that they have no case to answer on allegations of plotting to overthrow the Government.

They are 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.

The soldiers broke in tears of excitement after the court set them free. They had spent over two years on remand at Makindye Military Police Barracks.

Meanwhile, Kipoi was released in 2019 after the Amnesty Commission granted him amnesty. Amnesty is an official pardon for people who have been convicted or confessed to committing political offences.

On Monday, the General Court Martial presided over by Lt.Gen Andrew Gutti set free the soldiers, ruling that prosecution has failed to adduce evidence pinning the accused of the crime.

"Court hereby sets you free unless held on other charges. You are also ordered to report to your units immediately after this court ruling," Lt. Gen. Gutti ordered.

The court chairman noted that none of the five prosecution witnesses lined up in court to give testimonies knew the accused except Kipoi.

Early this month, defence lawyer Maj. Kamanda Mutungi told the court the accused do not intend to file submissions on no case to answer, leaving it for the court to decide.

Prosecution states that the accused and others, 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.

According to prosecution, Kipoi recruited people in both Uganda and DR Congo to overthrow the Government. He also financed the Allied Democratic Front (ADF) rebel group.

In 2014, Kipoi was granted bail on treason charges by Justice Lameck Mukasa, but was re-arrested in February, 2018, in Botswana, on accusations of masquerading as a witchdoctor and defrauding four female victims of more than 290,000 Pula (about sh111.6m), between May 2017 and January 20.

In March 2018, he was deported to Uganda, through negotiations between Botswana and the Ugandan government and was subsequently charged in the army court with the soldiers.

Kipoi then filed a constitutional petition challenging the independence and impartiality of the GCM to try him at the Constitutional Court but it was dismissed on August 5, 2020 on grounds that his lawyer, Ronald Iduuli, did not have a valid practicing certificate.

Kipoi was challenging Section 119 of the Uganda People's Defence Forces (UPDF) Act, which subjects civilians to trial in military courts.

According to Kipoi, the section contradicts Article 210 of the Constitution, which mandates Parliament to make laws regulating members of the defence forces.