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Lawyers representing opposition leaders Col Dr Kizza Besigye and Obeid Lutale have filed a petition before Uganda's Constitutional Court, contesting the legality of their clients' trial in the General Court Martial.
Lead counsel Erias Lukwago addressed the press outside the court, outlining the basis of their challenge.
Allegations of Unlawful Extradition
Lukwago asserted that the extradition of Besigye and Lutale from Kenya to Uganda was conducted without adherence to legal protocols.
"The extradition process of the suspects was never done in accordance with the law because they were just repatriated without following the legal process. There was no court order, and the Extradition Acts of Kenya and Uganda were never followed. In a nutshell, it was an abduction," he stated.
He added that any legal proceedings stemming from such actions are inherently null and void.
Jurisdictional Concerns Raised
The petition also challenges the General Court Martial's jurisdiction over alleged offences committed outside Uganda.
The charge sheet states that Besigye and Lutale committed the offices in different locations in Kenya, Switzerland and Greece.
Lukwago says the court is asserting “extraterritorial jurisdiction” for incidents purportedly occurring in foreign lands.
He further contended that the military court lacks the authority to try civilians on charges typically handled by civilian courts, stating, "Civilians who are not subject to martial law should be tried in that court."
Security Concerns Highlighted
Additionally, the petition references a statement attributed to General Muhoozi Kainerugaba, the Chief of Defence Forces suggesting a threat to Dr Besigye's life.
Lukwago noted, "One of the things we have highlighted in the petitions is the threat issued by Gen Muhoozi Kainerugaba that by 9th June (Heroes) Dr will have been executed in Gulu."
The Constitutional Court is now tasked with examining these claims to determine the appropriate legal course for the accused.