BY SAM ALFAN.
Ugandan opposition leader Dr. Kizza Besigye has Uganda and Kenya at the regional court over his recent arrest and forcibly removal from Nairobi.
In a petition before the East African Court of Justice, Dr. Besigye alongside Karamangi Andrew, Godwin Toko and Odur Anthony stated that their removal was illegal.
They want the regional court to declare that their extra-territorial abduction and extraordinary renditioning from Kenya to Uganda was illegal, arbitrary and contrary to the rule of law.
They also argue that the move was against democracy and good governance principles enshrined in Articles 6(d), 7(2) and 8(1)(c) of the East African Community Treaty.
They further want the regional court to permanently restrain Kenya from conducting, engaging in, aiding or tolerating in any forced removals or abductions of foreigners from its territory without due process of law.
Besigye and Lutale are also seeking compensation to the tune of USD. 100,000 to be borne jointly by the two countries.
The four want EAC court permanently stop any trial of civilians in any military courts of Uganda.
“A declaration that Uganda’s military trial of civilians: Dr. Kizza Besigye & Haji Lutale Obeid Kamulegeya in a military tribunal is in contempt of court of the 15th December 2022 orders of the Constitutional Court of Uganda vide Constitutional Petition No. 0044 of 2015; Retired Captain Amon Byarugaba and 169 Others v. Attorney General contrary to Articles 6(d), 7(2) and 8(1) (c) of the Treaty,” they stated in the petition.
They are further arguing that their arraignment, charging and purported trial of the civilian duo in military tribunal is unlawful and contrary to the core EAC principles of good governance, democracy and Rule of law enshrined in Articles 6(d), 7(2) and 8(1)(c) of the Treaty.
The opposition leader urges the regional court to declare that Uganda’s impugned conduct constitutes political persecution and judicial harassment contrary to the principles of good governance, democracy and Rule of Law vide Articles 6(d), 7(2) and 8(1)(c) of the Treaty.
Also they want regional court to declare trying of civilians in military Courts violates the principles of good governance, democracy and Rule of law contrary to Articles 6(d), 7(2) and 8(1) (c) of the Treaty.
