KAMPALA – The wife of the arrested former Director Crime Intelligence in the police Col. Atwooki Ndahura Birakurataki has petitioned the High Court seeking for an order to compel the Chieftaincy of Military Intelligence (CMI ) and the attorney General (AG) to have her husband produced in court.
Mrs Sarah Ndahura through their lawyer Ochieng Associated Advocates has filed an Habeas Corpus application after what she described as an illegal arrest of her husband by armed men led by Major General Okiding the commandant UPDF Artillery Masindi Barracks on June 11 from Peace Corner Motel in Masindi Town.
A Habeas Corpus application is made in court seeking a person under detention to be brought before a judge or magistrate especially to secure that person’s release unless lawful grounds are shown to justify their continued incarceration.
The respondents in this case include the Attorney General, the head of Military Intelligence Brig. Abel Kandiho, the Inspector General of Police John Martins Okoth-Ochola and and the Chief of Defence Forces (CDF) Gen. David Muhoozi.
In her sworn affidavit, Mrs Ndahura claims her husband, who is no stranger to controversy, having been variously named in election violence reports in 2001, is being held incommunicado and has not been produced in any court or charged in any competent court or given access to his family members, lawyers and doctors.
“I am advised by my lawyers whose advice I verily believe to be true that this court has powers to grant the reliefs sought and also to summon the IGP, CMI and CDF to explain the whereabouts of Lt Col Ndahura,” she asserts.
“I believe the life of Lt Col Ndahura is in danger unless court intervenes,” Mrs Ndahura added.
Lt Col Ndahura is among the 26 people, including police and military officers, who have been arrested as investigators cast wide the dragnet to catch suspects involved in criminal activities during the 12 odd years of Gen Kale Kayihura as head of the police force.
Court has set Tuesday June 26 to hear the application.