Justice Michael Elubu, head of the Criminal Division of the High Court, has recused himself from the high-profile murder case involving businessman Francis Onebe, accused of killing his wife, Mary Immaculate Aiso.
The defence team, led by Patrick Kasumba, expressed concerns about the court’s impartiality due to allegations of the state prosecutor’s compromise.
Elubu cited loss of confidence in his court by one of the parties as the reason for stepping down. He noted that justice must not only be done but also seen to be done, and judicial officers cannot impose themselves on parties lacking confidence in the court .
The issue began when Kasumba alleged that the prosecutor boasted about meeting with the judge, leading to a decision to have a witness testify via audio-visual link without their consent. Kasumba requested the judge to expedite the trial, citing its lengthy duration of two and a half years.
Onebe, 63, an accountant, is accused of killing his wife and dumping her body in a septic tank. The offence carries a maximum sentence of death upon conviction. Onebe and his security guard, Bonny Oriekot, 26, have spent over two years on remand at Luzira Prison after being denied bail twice.
The prosecution alleges that Onebe accused his wife of practicing witchcraft, and police investigations reveal quarrels between Aiso and the guard at the time of her murder. On January 6, 2021, Onebe reported a case of his missing wife at Buziga Police Post, and investigations commenced.
A week later, her body was recovered from a septic tank at the couple’s residence by a joint security team headed by the Crime Investigation Department of the Police Force. The case’s misunderstanding arose after more than 10 prosecution witnesses testified.
The new judge will start from where Justice Elubu stopped. The defence team, including David Oluka and Joshua Emorut, will continue to represent Onebe.
