Kabaziguruka Petitions Court Of Appeal Over His Trial In Court Martial
By Serestino Tusingwire
The remanded Nakawa Division MP Michael Kabaziguruka has petitioned court of Appeal to quash the recent High Court ruling which upheld his trial in the military court despite being a civilian.
Kabaziguruka is on trial in the General Court Martial with other 20 on charges of treachery.
He is accused of aiding UPDF soldiers in a plot to overthrow President Museveni’s government.
In the notice filed in the Court of Appeal on September 21, Kabaziguruka says he is dissatisfied with the entire ruling of High Court judge Patricia Basaza Wasswa.
On September 16, Justice Basaza dismissed the MP’s petition which was challenging his trial under martial law when he is a civilian.
The judge held that Section 119 of the UPDF Act gives unlimited jurisdiction and powers to the General Court Martial to try even civilians.
Kabaziguruka contends that the trial judge erred in law and fact when she found that the court martial had jurisdiction to try him.
He says the judge failed to exercise her jurisdiction under article 50 of the Constitution and, therefore, failed to find that he could not have a fair trial in the military court.
Through his lawyer, Ladislaus Rwakafuuzi, the legislator is seeking the Court of Appeal to quash Justice Basaza’s ruling and order that the MP’s trial in the court martial is null and void.