Speaking to journalists at parliament after the Makindye-based military Court issued criminal summons for the legislator for missing court proceeding, Kabaziguruka says that the army Court has no mandate to order for his arrest.
The MP is said to have missed court twice for mention of the case where he is accused of treason alongside 26 others including Uganda People’s Defence Forces (UPDF) soldiers.
According to Major John Bizimana, the Court Martial Registrar, Kabaziguruka had informed him that his lawyers advised that he does not return to the Court Martial until the matter before the Constitutional Court where he challenges the army court’s powers to try civilians, is disposed of.
After this revelation before court, Bizimana was directed to write to the Speaker of Parliament Rebecca Kadaga with a view of compelling Kabaziguruka to appear in court.
However, Kabaziguruka says that he has not in any way defaulted on the conditions of his bail that were set by the High Court describing the fresh summons as outright abuse of the rule of law.
Kabaziguruka noted that he has no intentions of appearing before the army court martial.
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.
The Court Martial Registrar Major John Bizimana told court today that on Friday last week, he called Hon Kabaziguruka informing him about this week’s sitting, but that the MP told him that he was advised by his lawyers not to return to this court until the matter before constitutional court where he challenges the army court’s powers to try civilians, is disposed of.
The Registrar was thus ordered by the court to write to the Speaker of Parliament Rebecca Kadaga to compel Hon Kabaziguruka to appear in court.
In November last year, MP Kabaziguruka through his lawyers of Lukwago and Co. Advocates petitioned the Constitutional Court seeking a declaration that the General court martial and other military courts are unconstitutionally established.