The Nakawa Municipality MP Michael Kabaziguruka says that the General Court Martial has no mandate to order his arrest but only the High Court.
Kabaziguruka was speaking to journalists at parliament after the Makindye-based military Court issued criminal summons for the legislator for missing court proceedings.
The MP is said to have missed court twice for mention of the case where he is accused of treason alongside 26 others including Uganda People’s Defence Forces (UPDF) soldiers.
According to Major John Bizimana, the Court Martial Registrar, Kabaziguruka had informed him that his lawyers advised that he does not return to the Court Martial until the matter before the Constitutional Court where he challenges the army court’s powers to try civilians, is disposed of.
After this revelation before court, Bizimana was directed to write to the Speaker of Parliament Rebecca Kadaga with a view of compelling Kabaziguruka to appear in court.
However, Kabaziguruka says that he has not in any way defaulted on the conditions of his bail that were set by the High Court describing the fresh summons as outright abuse of the rule of law.
Kabaziguruka noted that he has no intentions of appearing before the army court martial.
In his petition before the Constitutional Court, Kabaziguruka through his lawyers of Lukwago and Company Advocates, seeks a declaration that the General Court Martial is unconstitutionally established and with no powers to try civilians.
The petition seeks a pronouncement on the court martial to only discipline military officers. Kabaziguruka also wants the Constitutional Court to suspend the trial against him and his co-accused.
After this application, Kabaziguruka was granted bail by High Court Judge Yasin Nyanzi.