Lawyers of Lt.Gen. Henry Tumukunde petition court seeking unconditional release
Lawyers of Lt.Gen. Henry Tumukunde petitioned the Nakawa magistrates court seeking to have him released or brought before the court and be charged.
Lawyers identified by Anthony Wameli and Geoffrey Turyamusima of Wameli and Co. Advocates have today Tuesday 17, petitioned the Nakawa magistrates court seeking to have Tumukunde charged.
In a petition, the lawyers have listed the Attorney General, Officer in Charge of Jinja Road Police, Officer in Charge of Kira road police station, Commandant Special Investigations Division, Kireka and CID Director Grace Akullo as respondents.
On Thursday, 12th March, security personnel including a team of CIID and CMI operatives arrested Lt.Gen.Henry Tumukunde from his home in Kololo. Since then, there is no clear report from the court indicating the offences Gen Tumukunde committed and why he was arrested and detained.
This, according to the lawyers is against the law because it is now over 48 hours since Tumukunde was arrested and detained but he has never been brought before the court nor released as required by the law.
“It is now over 48 hours since the applicants were arrested and detained. They have neither been charged or presented before any courts of law nor released as required by law,” the lawyers implied in a petition.
About the law, anybody arrested and detained must be brought before the court to answer and respond to questions in less than two days.
According to the lawyers, Tumukunde’s detention was not only illegal, unlawful and unconstitutional but has also violated his liberty and freedom.
“The detention is unconstitutional, illegal and unlawful in the laws of Uganda. The continued detention has also violated and continues to violate their liberty,” the lawyers say.
However, according to the police spokesperson, Tumukunde’s arrest is attributed to among others his utterances in a series of radio and television interviews, which seek to foster hatred that might lead to inter-community violence, fomenting and glorifying violence in general.
Enanga also pinpointed that Tumukunde participated in seeking help from a neighbouring country to support him in removing the current leadership with or without the ballot.
“Thereby, being charged under Sections 23 (2) b and 23 (3) b, of the Penal code Act, which deals with instigating persons to invade the Republic of Uganda and inciting any persons to make a mutinous assembly,” Enanga explained.