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Lawyer petitions court over re-arrest of bailed MPs
Lawyer Male Mabirizi avers that article 43 (2) does not permit political persecution, detention without trial and any limitations of the enjoyment of rights and freedoms. PHOTO / FILE
A concerned lawyer has petitioned the Constitutional Court, challenging the introduction of fresh charges against MPs Allan Ssewanyana (Makindye West) and Muhammad Ssegirinya (Kawempe North), thereby frustrating their release on bail by Masaka High Court.
Mr Hassan Male Mabirizi in his petition that he filed yesterday, contends that bringing fresh charges arising from similar facts against the two MPs, amounted to double jeopardy and also hindered their release on bail, a move contrary to the constitution which guarantees the right to personal freedom.
“The action of the Director of Public Prosecutions to sanction and present to court on September 29, a different criminal case file of murder of Joseph Bwanika against the two MPs to which the same people had on September 7, 2021 been charged with the murder Mugerwa Kiiza Francis, Kakooza Sulaiman and attempted to murder Ronald Ssebyooto, to which they have been granted bail is inconsistent with the constitution that guarantees personal liberty,” reads in part the court documents.
Mr Mabirizi states that article 28 (9) of the constitution demands that a person who has been tried by a competent court for a criminal offence and convicted or acquitted, shall not again be tried for the same offense except upon an order of a superior court.
He further avers that article 43 (2) does not permit political persecution, detention without trial and any limitations of the enjoyment of rights and freedoms.
Breaking down the alleged constitutional abuses, Mr Mabirizi says that the two MPs were deprived of their personal liberty which they had obtained upon payment of Shs20m each and execution of Shs100m bonds by their sureties, which would not be the case, had it been an amendment to the initial charge sheet.
He also says the actions of the State made it hard for Mr Ssewanyana and Mr Ssegirinya to apply for bail afresh on offenses alleged to be committed within the same period, area for alleged same purpose.
He now wants the Constitutional Court to order for the unconditional release of the two legislators from the custody that they are being held.
The two legislators alongside other suspects are facing charges of murder, attempted murder, terrorism and aiding and abetting terrorism in connection with the recent Masaka killings.
The legislators were re-arrested late last week and earlier this week respectively, upon walking out of Kigo Prison by heavily armed security personnel.
