The General Court Martial, in a surprise move, on Thursday dropped the gun charges against Kyadondo East MP Robert Kyagulanyi, alias Bobi Wine, but later it emerged that the military court was acting upon a directive from another government authority.
At about 10.30am, the General Court Martial sat at the army’s 4th Division headquarters in Gulu for the trial of Bobi Wine who had been charged with illegal possession of firearms and ammunition.
However, as the court chairperson, Lt Gen Andrew Gutti, got ready for the proceedings, the army prosecutor, Maj Raphael Mugisha dropped a bombshell.
He declared that the state had dropped charges of possession of illegal fire arms and ammunition against Mr Wine.
“I have instructions that the proceedings before this court, under Regulation 65 of the Uganda People’s Defence Forces Procedure, be terminated and the accused person (Bobi Wine) be handed to police,” Maj Mugisha submitted.
He was acting upon the instructions from the Director of Public Prosecutions (DPP), Justice Mike Chibita.
In his directive, Mr Chibita told the military court that it was prudent to drop the gun charges against Bobi Wine since he was to face a treason charge in another court but based on similar facts.
Mr Chibita said it would be double jeopardy for Bobi Wine to be subjected to separate trials in the military court and the civil court on cases based on similar facts.
“…Please consider letting Hon Sentamu face trial in the High Court rather than before the Court Martial,” Justice Chibita stated in his letter to the army.
TREASON
However, Bobi Wine’s lawyer Medard Sseggona objected to the proposal to hand the MP to the police to face treason charges.
“The moment charges are withdrawn against a person, he becomes free. The gentleman seated before you was arrested by the army, beaten and had his rights violated. The prosecution is using this forum to sanitise other violations by asking you to hand him to police. There is no record in this court that Hon Kyagulanyi is a wanted man by police,” Mr Sseggona said.
“Our prayer is to have Hon Kyagulanyi declared a free man and we take him for medication. Hon Kyagulanyi is an MP representing Kyadondo East constituency, he is not a fugitive and has a fixed place of abode.”
He added: “If there is a need to arrest him, there is a procedure for arresting MPs. Do not accept the temptation to being used to settle political scores.”
After listening to submissions, Lt Gen Gutti adjourned the court for 10 minutes to give his ruling.