The last time Olivia Lutaaya, a mother of two and 31 other National Unity Platform (NUP) supporters appeared in military court last year, the jury informed them that they have never presented credible sureties to stand in for them to get bail.
The jury at court martial has always indicated that either the sureties did not have the required qualifications for the kind of case they were battling or they are not competent to do the same.
While paying a visit to them at Luzira Maximum where they are incarcerated on Monday, opposition members of parliament vowed to stand surety of the prisoners the next time they are brought back to court martial for bail hearing on Monday February 19, 2024.
“We shall go with our National IDs and a letter from the chairman’s office as members of parliament and stand sureties for our supporters and if court insists that we are unsubstantial then they will have to explain to us the qualifications of a substantial surety,” Mr Joel Ssenyonyi, the Leader of Opposition in Parliament commented shortly after the visit at Luzira.
The accused are battling crimes of illegal possession of 13 pieces of explosive devices between November 2020 and May 2021 in areas of Jinja, Mbale, Kireka, Nakulabye, Kawempe, Natete, and Kampala Central.
On several occasions, the military limited access to the media and family members of the accused but it took the lawyers and leaders of NUP spirited condemnation of the same until court ruled that the case would be heard in the open.
“We waited outside with their family members, the media too was not allowed to cover the proceedings, all this is intended to ensure that the lies and kangaroo trial is not exposed to the world,” Mr David Lewis Rubongoya,the NUP Secretary General said after one of the court sessions last year.
He added, “As a party we are doing other things as you know, we have taken these matters to regional and international bodies, the ICC(International Criminal Court) and other human rights bodies. I think
we have exhausted the legal avenues to get these people out of this precarious situation but in vain.”
The accused, include Olivia Lutaaya, Yasin Ssekitoleko alias Machete, Robert Christopher Rugumayo, Patrick Mwase, Simon Kikaabe, Muhydin Kakooza, Abdu Matovu, Ronald Kijambo, Sharif Kalanzi, Joseph Muwonge,
Mesach Kiwanuka, Abdalla Kintu, Umar Emma Kato, and Musa Kavuma.
The others are Ibrahim Wandera,Asbert Nagwere,Steven Muasakulu,Jimmy Galukande,Paul Muwanguzi,Kenneth Kamanya,Sharif Matovu,Shafiq Ngobi,Davis Mafabi,Abdallah Hakim Gibusiwa,Livingstone Katushabe Kigozi,Obalai Siraji Mudebo,Joseph Muganza and Stanley Lwanga.
In April 2023, four of the accused were granted bail with court indicating that they had substantial sureties, permanent areas of residence and would not interfere with the state witnesses and ongoing investigations at that time.
When this publication spoke to the lead counsel in this case, Mr George Musisi, he said that they have so far made three bail attempts to secure their release but the efforts are still futile.
“Oivia Lutaaya and 31 others are undergoing trial in the Military Court which we think is unlawful (in itself) and unconstitutional, we have made three bail attempts previously which have all been denied,” Mr Musisi said in an interview for this story.
At the time of their arrest, Uganda Police pinned the group with plotting to carry out petrol-bomb-attacks targeting government vehicles and buildings in different parts of the country.
Police also alleged that the suspects masterminded the attacks on Kasubi Royal Tombs, on former Jinja Resident City Commissioner Eric Sakwa in Nakulabye,Uganda Registration Services Bureau and Katwe
police station so they were arrested by the chieftaincy of Military Intelligence Operatives and brought to court Martial to face justice.
At the time of the attacks on Kasubi tombs, Lutaaya, 30, was 16 years old. Lutaaya is the only female amongst the 32.
She was first arrested in Kalangala where the campaign team of the NUP Presidential candidate Robert Kyagulanyi Ssentamu alias Bobi Wine was detained in December 2020 during the 2021 general elections but later released in March before she was rearrested.
While in prison Lutaaya narrated to some of her visitors that during her time of incommunicado detention she was tortured and forced to make phone calls that led to the abduction and torture of her fellow comrades.She was later produced in court martial, charged and detained to date.
In December 2022,the Constitutional court ruled in a petition filed in 2015 where more than 100 people contended that military courts have exercised criminal jurisdiction over civilians, that it is illegal for the court martial to try civilians and it is unconstitutional.Trying civilians is the role of civil courts of judicature.
“I would declare that the UPDF Act 2005 to the extent that it may be understood as conferring jurisdiction on military courts to try civilians is unconstitutional and therefore null and void,”Justice Elizabeth Musoke,who wrote the lead judgment ruled.
The court also ordered that criminal cases in which civilians were being charged before the military courts and are pending trial should immediately be transferred to a competent civilian court and also be taken over by the Director of Public Prosecutions(DPP).
“I would like to order that the convictions and sentences of civilians which a rose from criminal cases tried by military courts prior to the date of this judgment are valid.However in future any trials to convict or sentence civilians shall from the date of this judgment be invalid, null and void,” Justice Musoke said.
