Lawyers have initiated proceedings in the High Court in Kampala, Uganda. Their primary demand is for the immediate presentation of Hajji Abubakali Nsamba in a court of law. Nsamba, who has reportedly been extradited from Kenya, has been detained for over 48 hours without trial, prompting this legal action.
The case, presented before the Civil Division, is led by a team of lawyers headed by Geoffrey Turyamusiima. The respondents in this matter include the Attorney General, the Inspector General of Police, the Commandant of the Special Investigations Directorate in Kireka, the Chieftaincy of Military Intelligence, and the Directorate of Crime Intelligence.
The central argument put forth by the lawyers is that Nsamba was subject to an illegal arrest. They assert that Nsamba was apprehended by the respondents or their authorized representatives following an unlawful extradition from Kenya. Furthermore, they claim that Nsamba remains incommunicado and under illegal detention, allegedly orchestrated by agents of the respondents or individuals acting on their behalf.
The available evidence in the court case suggests that Nsamba is currently unable to provide a sworn affidavit due to his incommunicado detention. He lacks access to his relatives, legal representation, or the ability to take an oath before a commissioner for oaths.
According to an affidavit filed by Nsamba’s father, Jamadah Nsamba, the applicant (Nsamba) had actively participated in extradition proceedings in Nairobi from August to September. These proceedings pertained to the Ugandan government’s efforts to extradite him to Uganda on various charges. Notably, a ruling in October favored Nsamba, concluding that he should not be extradited because the charges against him were deemed to be of a political nature.
However, the situation took a dramatic turn when, as the affidavit reveals, Nsamba was detained after leaving the Kenyan court and subsequently transported to Uganda. On October 19, 2023, Jamadah Nsamba received a call while Abubakali Nsamba was held at Jinja Road Police Station. Both Jamadah and Aisha Namuddu, Abubakali’s wife, rushed to the station, concerned about his well-being. Upon their arrival, they learned that he had been transferred to the Crime Intelligence Unit to provide a statement. Despite their efforts, they were unable to locate him at these facilities.
The lawyers representing Nsamba now assert that approximately seven days have elapsed, and the family has not received any word from him. This situation is viewed as a breach of his fundamental right to personal liberty. Consequently, they are petitioning the court to intervene and instruct the respondents to produce Nsamba, whether alive or deceased.
The case has been scheduled for a hearing on October 31, 2023, before Justice Musa Ssekaana. It is common practice that when such applications are heard, the government promptly produces the accused individual in court to comply with the court’s directives.
It is important to note that extradition-related matters are not unusual in Uganda. For instance, Jamilu Mukulu, who faces charges of terrorism and is believed to be a prominent figure in the Allied Democratic Forces, was extradited from Tanzania. Despite his lengthy period on remand at Luzira, he has yet to face trial after nearly nine years.
Another case is that of former Member of Parliament Tonny Nsubuga Kipoi, who was extradited from Botswana and faced charges in a court-martial. However, he has since been released.
