City Socialite Frank Gashumba has petitioned Nakawa Chief Magistrate’s Court seeking to be unconditionally released from police custody.
The application of habeas corpus was on Thursday filed by lawyer Denis Nyombi on behalf of Gashumba and his brother Innocent Kasumba against the Attorney General (AG).
Habeas corpus is used to bring a prisoner or other detainee before the court to determine if their detention is lawful.
Nyombi stated that the duo’s continued detention for more than 48 hours without being arraigned in court or granted bond is unconstitutional, illegal and unlawful.
“The duo have been denied police bond yet charges have already been preferred against them. We want court to order their release from wherever they are held incommucado,” Nyombi said.
Nyombi claimed that the duo’s relatives are in fear that they might be undergoing torture since they have been denied access to them.
“It is just and equitable that the applicants be released forthwith as their continued incarceration is unlawful,” Nyombi contended.
However, Nyombi said they have failed to locate them to date.
“I went to CMI and they referred me to SID and they referred me back to CMI. Therefore, I do not know which exact place the duo is being held,” Nyombi stated.
Gashumba’s close friend Andrew Irumba said they want the duo released or produced in court within the shortest time.
The application has been allocated to Grade One Magistrate Jackline Kagoya for hearing.
Sources at the court said the magistrate is slated to hear the application tomorrow (Friday).
On Tuesday, the army paraded Gashumba together with his brother Kasumba before the media saying that they had been arrested for allegedly fleecing an investor disguising as defence officials.
They were arrested after a whistleblower reported to the Permanent Secretary, Ministry of Defence and veteran Affairs that the group was planning to con an investor.
Kasumba was arrested on Saturday and a search conducted on his residence yielded several items that included over 20 various stamps including one of the Ministry of Defence and Veteran Affairs, multiple identification documents including his two passports with separate identities and a passport of Gashumba Frank in the name of Ssentongo Frank Disans – Passport NO B0892687.
Gashumba who identifies himself as the Chief Executive Officer of Ssisimuka Uganda an activist group is reported to have been arrested when he turned up with his lawyer Geoffrey Nsamba to follow up his brother’s case.