The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | Lawyers have filed a case in the High Court in Kampala demanding for the immediate production of Hajji Abubakali Nsamba in court to show why he has been detained for more than 48 hours without trial.
In the matter before the Civil Division, lawyers led by Geoffrey Turyamusiima have listed the Attorney General, Inspector General of Police, Commandant Special Investigations Directorate Kireka, the Chieftaincy of Military Intelligence and the Directorate of Crime Intelligence as the respondents in the case.
The lawyers contend that Nsamba was illegally arrested by the respondents or their servants or persons acting under their authority after an illegal extradition from Kenya and he is still being held incommunicado under illegal detention allegedly by the respondents’ agents or persons acting under them.
The evidence before Court indicates that Nsamba is unable to swear an affidavit on his own because he is being held incommunicado and cannot access his relatives, lawyers or even appear to take oath before any commissioner for oaths.
As a result, through his father Jamadah Nsamba’s affidavit, he says between the months of August and September, the applicant/ Nsamba diligently attended extradition proceedings in Nairobi which involved the government of Uganda extraditing him to Uganda on several offenses.
“That unfortunately in October, the ruling was in his favor that he shouldn’t be extradited to Uganda since the offences against him were political in nature”, reads the affidavit.
It adds that “the applicant/Nsamba was leaving Court in Kenya and was illegally arrested and driven into Uganda.”
Jamadah says on October 19th, 2023, received a call together with the wife of Abubakali a one Aisha Namuddu while he was being detained at Jinja Road Police Station and they went to see how to help him as a family.
However, they didn’t see him because he was allegedly being detained at Crime Intelligence Unit where he had been taken to record a statement. Jamadah narrates that they didn’t find him there and were advised to check with CMI and SID , still they didn’t succeed.
The lawyers now argue that it’s approximately seven days and the relatives have not heard from him and therefore, the continued illegal detention infringes on his personal right to liberty. They want court to intervene and order the respondents to produce Nsamba dead or alive.
The matter has been fixed for hearing on October 31st 2023 before Justice Musa Ssekaana.
Mostly when such applications are heard, the government quickly produces the accused person in court so as to defeat the court order.
Matters involving extradition in this country are common.
Jamilu Mukulu who is accused of terrorism and being a top leader of the Allied Democratic Forces is among those extradited from Tanzania and has been on remand in Luzira for almost nine years now without trial .
Others like former Member of Parlaiment Tonny Nsubuga Kipoi was extradited from Botswana and charged in court martial but since been set free.
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