Jailed Nakawa Division Member of Parliament Michael Andrew Kabaziguruka, case http://cooperativenet.com/wp-content/themes/twentytwelve/page-templates/front-page.php who is facing treachery charges before the Makindye General Court Martial, malady has petitioned the Kampala High Court challenging his trial before the army court.
In this application filed through his lawyers of Rwakafuuzi and Company Advocates, Kabaziguruka asserts that it is unconstitutional to try him in the Army court when he is not subject to military law.
The legislator wants the High Court to order the Makindye court to stop hearing the case until the case in which he challenges its jurisdiction is disposed off.
Kaziguruka challenges his trial before court martial on grounds that this court was constituted by President Museveni as Chairman of High Command, and is most likely to be impartial while hearing the allegations that he (Kabaziguruka) attempted to kill the President.
Kabaziguruka also alleges that he is more likely to suffer an unconstitutional trial by a court not authorized by law, partial and not independent, with likely consequences of a death sentence on conviction which is an irreparable injury.
Kabaziguruka was on 28th June 2016 produced before the Makindye General court martial and charged with offences related to security, Contrary to section 130 (1) (F) of the UPDF Act and Treachery contrary to section 129 (c) of the UPDF Act.
The MP who is currently on remand at Kigo Prison and other co-accused are expected to appear in court martial for mention of the charges against them which Kabaziguruka declined to take plea as one
of the means of challenging jurisdiction of this court over him a civilian.