Former Co-coordinator of Intelligence Services General David Tinyefuza aka Sejusa has petitioned the High Court seeking to suspend his prosecution before the General Court Martial at Makindye.
Through his lawyers Mushabe Munugu and company advocates, Sejusa wants court to issue an interim order restraining the court martial from charging him and order it to discharge him from custody until the case in which he is challenging the army’s refusal to discharge is heard and concluded.
“Unless the General court martial is temporarily restrained from prosecuting the applicant (Sejusa), he will suffer a miscarriage of justice as his case before the High court that seeks to compel the UPDF promotion’s board retire him will be rendered useless,” the lawyers stated.
The application was filed against the Attorney General and the UPDF commission’s board. He argues that it is unfair to be charged before the army court yet his salary and allowances including meals, accommodation and security were withdrawn by the UPDF on top of refusing to deploy him as an active soldier.
The General has since 2006 been applying to be discharged from the army in vein.
He argues that the criminal proceedings before the Court Martial must be stayed until the High Court determines whether he is still a serving military officer who should be subjected to military law.
Even during his charging last week, his lawyers Erias Lukwago, David Mushabe, Ladislus Rwakafuuzi among others protested the charging reasoning that the army has constructively discharged him having withdrawn his uniform, guards, withheld his salary and refused to deploy him.
The General Court Martial Chairman instead proceeded to charge him with five counts and remanded him to Luzira Prison until February 9, 2016.
He was charged with absence from duty without leave, conduct prejudicial to good order and discipline of the army, participating in political party activities and insubordination.
Prior to his charging Sejusa had appeared at Presidential Aspirant Dr. Kizza Besigye’s nomination rally where he asked people to vote him.
He had also appeared at a rally organised by Democratic party and gave a stinging interview to a Buganda-Kingdom CBS radio declaring President Yoweri Museveni a dictator and slamming the coming elections as already rigged.
Sejusa had earlier on spent a year in a self-imposed exile after he authored a letter revealing that there was a ploy by the state to assassinate senior army officers and politicians opposed to the “Muhoozi Project” of President Museveni’s succession plan of having his son Muhoozi Kainerugaba succeed him.
The AG and the UPDF have not yet responded to his application and it has not yet been allocated to any judge for hearing.