Lujila v O/C Kigo Prison & Ors (Misc Cause No. 86 of 2013)
Lujila v O/C Kigo Prison & Ors (Misc Cause No. 86 of 2013) [2013] UGHCCD 134 (7 October 2013)
The applicant is lawfully detained pursuant to a valid remand warrant issued by the General Court Martial, a competent court with jurisdiction over civilians found in possession of firearms ordinarily the monopoly of the defence forces, as established by Section 119(1)(h) of the UPDF Act and affirmed by the Supreme Court in Namugerwa Hadija v DPP & Attorney General. The legality of the charge and whether the weapon in question is the monopoly of the defence forces are triable issues for the trial court and not for habeas corpus proceedings. No constitutional question arises, as the relevant p…
Source excerpt
- Habeas Corpus
- Jurisdiction Of Military Courts
- Unlawful Detention
- Remand Without Trial