Lawyers have taken legal action in the High Court in Kampala, demanding the immediate appearance of Hajji Abubakali Nsamba in court to account for his detention, which has exceeded 48 hours without a trial.
In the case presented before the Civil Division, a team of lawyers led by Geoffrey Turyamusiima has listed the Attorney General, Inspector General of Police, Commandant Special Investigations Directorate Kireka, the Chieftaincy of Military Intelligence, and the Directorate of Crime Intelligence as the respondents in this matter.
The lawyers argue that Nsamba was unlawfully apprehended by the respondents or their agents, who acted on their behalf after an illegal extradition from Kenya. Nsamba is currently allegedly held incommunicado under illegal detention by agents of the respondents or individuals acting under their authority.
The evidence presented in court reveals that Nsamba is unable to make an affidavit on his own due to being held incommunicado, preventing him from contacting his relatives, lawyers, or even appearing before a commissioner for oaths to take an oath.
In a sworn affidavit by his father, Jamadah Nsamba, it is stated that between the months of August and September, Nsamba attended extradition proceedings in Nairobi, involving the Ugandan government’s attempt to extradite him to Uganda for various offenses.
The affidavit further notes that in October, a favorable ruling was issued in his favor, determining that he should not be extradited to Uganda as the charges against him were deemed political in nature. The document explains that as Nsamba was leaving the Kenyan court, he was illegally arrested and brought into Uganda.
Jamadah Nsamba describes how, on October 19, 2023, he and Aisha Namuddu, the wife of Abubakali, received a call while he was detained at Jinja Road Police Station. They went to see how they could assist him as a family but could not find him, as he was reportedly being held at the Crime Intelligence Unit to provide a statement. Despite searching for him, they were unable to locate him at both CMI and SID.
The lawyers argue that approximately seven days have passed without any word from Nsamba, and this continued illegal detention violates his personal right to liberty. They request that the court intervenes and orders the respondents to produce Nsamba, either alive or deceased.
The case is scheduled for a hearing on October 31, 2023, before Justice Musa Ssekaana. Typically, in such applications, the government promptly produces the accused person in court to comply with the court order.
Cases involving extradition are not uncommon in this country. For instance, Jamilu Mukulu, accused of terrorism and being a top leader of the Allied Democratic Forces, was extradited from Tanzania and has been in Luzira on remand for nearly nine years without trial. Similarly, former Member of Parliament Tonny Nsubuga Kipoi was extradited from Botswana and charged in a court-martial but has since been released.
