Lawyers to the missing Makindye West mp Allan Ssewanyana will today file a fresh application before the high court for a habeas corpus.

Habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person’s imprisonment or detention is lawful.

 

A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

The lawyers including Erias Lukwago and Shamim Malende say they want court to produce the Mp dead or alive.

Malende shared the information to our court reporter Rashidah Nakaayi awaiting to hear an application at the International Crime Division seeking the substitution of a surety for jailed  of Kawempe North legislator Ssegirinya Muhammed .

The National Unity Platform (NUP) Mps Ssegirinya and Ssewanyana were recently jailed at Kigo prison on allegations of murder, attempted murder and terrorism.

While Ssewanyana was released briefly on Thursday last week, Ssegirinya stayed in custody because one of his sureties Mityana Municipality MP Francis Zaake was absent to sign on his release form.

Malende said :’’up to now we have not identified where Hon Allan Ssewanyana is, we hav been to different detention centers even SIU in Kireka but they have told us they don’t have him. So as lawyers, we have prepared application which is supposed to have the Hon Ssewanyana unconditionally released or produced in court dead or alive,we are going to file that one after this court.’’ Ssewanyana was on Thursday rearrested after he was released from Kigo prison.

The (NUP) legislator was reportedly kidnapped by plain-clothed security personnel shortly after he was granted bail on Thursday. In a video footage showing his release, Ssewanyana, clad in a grey suit is spotted stepping out of Kigo Prison alone at about 07:30 pm. He comfortably moves a few metres from the prison gate, which is guarded by prison officers, to meet his family just 100 metres away. However, a speeding silver drone approaches and parks close to him, eight armed men clad in black uniform with caps storm out, grab him and bundle him into the vehicle before speeding off to an unknown destination.

Since his arrest, no security organ has come out to claim detention of the legislator.

The Criminal Investigations Directorate (CID) last week has distanced itself from the re-arrest and detention of the MP.

CID spokesperson Charles Twine said :“I have no information of his arrest, and am saying am also watching it on social media but am going to find out if he is with us and I will let you know,”

Background

The legislators were first summoned to appear at Masaka central police to record statements about their alleged involvement in murders in the greater Masaka region.

They were later charged with 3 counts of murder and 1 count of attempted murder before being arraigned before Masaka Magistrate’s Court.

Charles Yeistese, the Masaka Chief Magistrate remanded them to prison until investigations such a time when investigations were complete.

However, the suspects through their lawyer Abubaker Ssekanjako of Lukwago and Company Advocates, filed bail applications before Masaka High Court seeking and were granted bail.

They each presented 3 sureties who were bonded 100 million shillings non cash while the accused Mps paid 40 million shillings as bail fee.

 

Compiled by Rashidah Nakaayi