Opposition leaders including FDC leader Dr Kizza Besigye and Erias Lukwago, the Kampala Lord Mayor, have asked Buganda Road Court to halt the case in which they are accused of managing an unlawful assembly that led to the death police officer John Michael Ariong.
Assistant Inspector of Police Ariong was stoned to death in March this year during a fracas between the police and opposition demonstrators in downtown Kampala.
Through their lawyer Ernest Kalibbala, the 15 people argue that the criminal matter against them should first be halted until the Constitutional Court determines an application No. 32 of 2012, filed by Mathias Mpuuga, MP Masaka Municipality and Muwanga Kivumbi, a DP official.
Kalibbala on Thursday explained to court presided over by Chief Magistrate Eleanor Khainza that Mpuuga and Kivumbi are challenging the constitutionality of the charge of unlawful society, which charge; he said is similar to what his clients are facing.
He said that with such an application before the Constitution Court, it would be miscarriage of justice to go ahead with the trial against his clients, before asking court to wait for the determination.
He went ahead to name the sections of the Penal Code Act that are being challenged by the duo as; 56, 57, 58, 59, 60, 61,62 and 63.
According to Kalibbala, the petitioners argue that these sections of the Penal Code are inconsistent with the constitution, and that they want the charge of unlawful assembly quashed from the law books.
Mpuuga and Kivumbi were prompted to file the constitutional application, following the banning of opposition pressure groups Activists for Change (A4C) and For God and my Country (4GC) recently by Attorney General Peter Nyombi, saying they were criminal.
However, the duo argues that the constitution which is the Supreme law of the land provides for freedom to assemble and to demonstrate together with others peacefully and unarmed.
The prosecutor in this case, Martin Rukundo, could not reply to Kalibbala’s application, saying he needed time to peruse through before he can reply.
Subsequently, Magistrate Khainza adjourned the matter to Tuesday next week when the state will make a reply.
The others mentioned in the case include Kawempe Mayor Mubarak Munyagwa and Kampala Woman MP Nabilah Ssempala among others. All the accused were, however, not in court following the mix up of dates of court appearance by their lawyer.
Prosecution alleges that on March 21, between Kafumbe- Mukasa Road, Namirembe Road and Mini-Price on Ben Kiwanuka Street, they formed an unlawful society with the purpose of inciting members of the public against the Police thereby leading to the killing Ariong.
The state alleges that the accused persons on the same date formed an unlawful society for the purpose of inciting the disturbance to peace and order leading to the injuring of another police officer, AIP Wabwire.
According to the charge sheet, the state further alleges that the accused persons managed an unlawful society that led to the injuring of yet another police officer Constable Julius Olweny in line of duty Police.
The group was arrested following a botched city road inspection tour led by Lord Mayor, Lukwago that turned into demonstration in the city’s Ben Kiwanuka Street.
Once convicted of managing unlawful society, one is liable to serve seven years in jail.
