KAMPALA – The High Court has given the government seven days in which to offer a convincing reason why former Bubulo West Member of Parliament Tonny Kipoi Nsubuga is being tried in a military court despite being a civilian or else he is set free.
Mr Kipoi sued government for committing him before the General Court Martial for allegedly recruiting people into rebel activities. He claims that whereas the offences against him were dismissed by the High Court in December 2013, the military court has continued to try him, which he says is illegal.
And on Monday, Justice Musa Sekaana ordered the government to explain the matter on June 18.
The former legislator was extradited from Botswana in March and presented before the Military Court, which then remanded him to Makindye Military Prison.
Prosecution alleges that between November 2012 and December 2013 in Kampala, Wakiso, Masaka, Nakasongola, Fort Portal, Jinja and Ntoroko, Mr Kipoi convened meetings to recruit soldiers with intent to prejudice the security of the defence forces.
In 2014, the army court ordered for the arrest of Mr Kipoi after his case file and that of his co-accused was shifted to the military court two months after the treason case was withdrawn from the civil court for lack of evidence.
However, he wants the High court to declare his detention in the military prison unconstitutional and also to quash the pending trial before the army court.