Civil Division of High Court has ordered for the immediate and unconditional release of Eddie Mutwe, the body guard of the Kyadondo East Legislator, Robert Kyagulanyi alias Bobi Wine.
Eddie Mutwe was allegedly picked up by state operatives from Semakokiro Plaza in Kamwokya on August 25th and was locked up incommunicado in unknown place.
His lawyer, Eron Kiiza filed a Habeas corpus application on August 30th. A Habeas corpus is an application filed seeking the production in court of an arrested person so as he/she answers any charges if at all there are any. Justice Musa Sekaana directed security agencies to produce Eddie Mutwe in Court on September, 4th and show cause why he is being detained.
The orders were issued to Attorney General, Chief of Defense Forces and the Director of Chieftaincy of Military Intelligence on grounds that their actions were unconstitutional. On September 4th, the State prosecutor, Peter Tusubira told court that Eddie Mutwe would be taken to Gulu Magistrate’s court to answer for treason.
He asked court to adjourn the matter until this morning to update court on whether Eddie Mutwe had been charged or not. However, Tusubira was no show in the court room as promised. Mutwe’s lawyer, Eron Kiiza informed court that his client has never appeared before court.
He argued that the endless detention of his client is illegal and infringes on his constitutional rights to fair hearing and asked court to order whoever has him to release him unconditionally. In his ruling, Justice Sekaana said the continued detention of Eddie Mutwe is illegal and ordered that he should be released immediately and unconditionally.
Sekaana stated that there was no proof that Eddie Mutwe was produced in any court given the fact that neither his lawyers nor family has seen him in court. On September 6th, Mutwe’s lawyer wrote to the CID Director, AIGP Grace Akullo demanding for the release of Mutwe or else she was to be sued in courts of law.
The Following day, Kiiza sued Akullo for the illegal detention of Mutwe. When contacted, Police Spokesperson, Emilian Kayima on why Eddie Mutwe hasn’t been produced in court, Kayima said, Vincent Ssekate, the Spokesperson of the Criminal Investigations Department was well placed to answer. Ssekate said he was going to find out whether Eddie Mutwe is still with police.