Lawyer Male Mabirizi has petitioned the Constitutional Court seeking orders declaring the trial of civilians including MP Robert Kyagulanyi also known as Bobi Wine by the army court, illegal.
In his petition filed Monday, Mabirizi says it is wrong for the army court to try civilians who are not part of the armed forces.
“We want the Constitutuonal Court to declare that the UPDF Act can not try Bobi Wine and other civilians and therefore the trial is illegal,” Mabirizi said.
The lawyer says that it is possible that civilians who compete for political space with the Commander-in-chief of the Armed Forces in the current formation are at a risk of being framed up with charges subject to military law.
“The above is the exact scenario happening with Hon. Robert Kyagulanyi who does not share the same political line with the Commander in Chief.”
“If this court does not annul the provisions of the UPDF Act 2005 which makes civilians subject to military law, the democratic and rule of law processes are at a risk in this country .”
He noted that civilians found with fire arms and ammunition can be tried under the Fire Arms Act of 1970 and not the UPDF Act of 2005 which is meant for only soldiers.
The Court Martial is a military court established by an Act of Parliament, to try service offences of serving officers and men of the UPDF, and any other person, including civilians, who may be found, or suspected to have committed any offence of a military nature.
Such offences can be committed by an individual, in collusion with serving officers and or men, or abbeting any such offence.