According to the Judge, due process here means that if Kyagulanyi had any offense that he had committed, he should have been arrested, taken to police and produced to any Magistrates Court to be charged which has not been the case here.
Ssekaana thus dismissed the application emphasising that the courts cannot grant an injunction which will have the effect of suspending the operation of legislation or the functions of the public body.
Tumukunde through his lawyers Anthony Wameli, Alex Luganda and Godfrey Turyamusiima wants to be released temporarily pending conclusion of his cases in which he is jointly charged with treason and unlawful possession of firearms
A source at court told URN on condition of anonymity that Kyambadde who was dressed in a white Tunic hurriedly removed it and wore a black jacket he found in Mubiru’s vehicle that was taking them home shortly after their release.
On March 19th, 2019, Justice Mugambe directed the prosecution and defenses lawyers, Anthony Wameli and Ladislaus Rwakafuuzi to verify the residences and identities of the suspects before they are released. Justice Mugambe noted that although the verification had taken long because of failures on both parties, they have finally completed the exercise.
Anguzo told court that the three suspects meet the bail conditions. They are; Sheikh Abdu Rashid Mbazira alias Abdu Sewajja alias Muhammad Buyondo, Higenyi Aramaathan Noordin alias Taata Abdullazack and Yusuf Mugerwa alias Wilson.
He also wants court to issue orders prohibiting the cabinet, Local government Ministry and any other government departments or agencies from implementing the May, 20th cabinet resolution until 'Mbale City' is included on the list of approved cities that are to become operational effective July, 1st, 2020.
Justice Mugambe granted the accused bail on grounds that they had overstayed on remand without trial. However, the suspects were returned to Luzira prison to allow time for the completion of their paper work. They are expected to regain their freedom on Friday.