The General Court Martial sitting at Makindye has issued an arrest warrant against the Nakawa Municipality MP Michael Kabaziguruka after he refused to turn up in court for hearing of his case.
The lead prosecutor ,UPDF’s Maj. Raphael Mugisha, told a 7 member court chaired by Lt. Gen Andrew Gutti, that ever since Kabaziguruka was released on bail by the High Court last year, he has never turned up for mention of the case in the GCM.
Maj. Mugisha explained that the interim order MP Kabaziguruka secured from the constitutional court blocking his trial before the army court lapsed when the same court annulled injunction orders issued by single judges and therefore he can no longer use it as a defence not to appear in court.
Meanwhile, Maj. Mugisha has said inquiries into this case against Kabaziguruka and 25 others are complete but hearing cannot start in the absence of one accused person.
High Court temporarily released Nakawa Division MP Michael Kabaziguruka after spending over four months in Kigo prison.
Kabaziguruka was released by Justice Yasin Nyanzi who held that court cannot be approached by someone who is seeking justice and it decides to fold its arms yet the very bail application has not been opposed by any state agency.
Justice Nyanzi’s was forced to make the remarks after the state through the Director of Public Prosecutions (DPP) and Attorney General shunned being party to hearing of Kabaziguruka’s bail application.
The DPP had about a week before had cited the constitution saying it bars them from taking part in cases that are handled by the General Court Martial. The Attorney General was also equally not available to take part in the bail hearing on grounds that its jurisdiction only limits it to civil matters not criminal.
Justice Nyanzi however observed that he was satisfied with the bail application since Kabaziguruka’s sureties were substantial and that he would be able to turn up in court for trial whenever he is wanted.
His sureties included; Forum for Democratic Change – FDC party president Maj Gen Mugisha Muntu, Kampala Lord Mayor Erias Lukwago, FDC party spokesperson Ibrahim Ssemujju Nganda and Rubaga North MP Moses Kasibante.
The four sureties were each bonded at 10 million Shillings (non-cash) while Kabaziguruka was granted cash bail of 5 million Shillings. Court also ordered the law maker to report to the deputy registrar of the criminal division after every 15 days and that he should consult the registrar in case he wants to make any travels abroad.
The law maker was jointly charged with 20 UPDF officers before the General Court Martial for allegedly plotting to infiltrate defense forces and prejudice its security to overthrow the government of Uganda by use of firearms.