Lawyers representing the detained bodyguard of Kyadondo East Member of Parliament Robert Kyagulanyi, alias Bobi Wine, have accused the State of lying to court and demanded that Edward Sebuufu, commonly known as Eddie Mutwe, be released “unconditionally”.
In a September 6 letter to the Director of Criminal Intelligence Department, Ms Grace Akullo, her deputy Mr Elly Womanya, and Mr Moses Eliao, the district police commander of Jinja Road, the lawyers threatened to sue the police bosses for illegal detention of Eddie Mutwe.
Bobi Wine’s bodyguard has been in detention at Jinja Road Police Station since August 25. He was arrested in connection with the chaos in Arua by-election.
At least 35 people, including MPs were last month arrested, some say they were tortured by security operatives, and later charged with treason in Gulu court for allegedly stoning a presidential car.
The suspects were later released on bail pending the hearing of the case.
Mr Sebuufu lawyers’ of Kiiza & Mugisha Advocates claim that the continued detention of their client is illegal and amounts to mental torture, undignified treatment and violation of his personal liberty and other freedoms.
“High Court on August 30 ordered his production in court on September 4, you ignored the order only to mislead the Attorney General and the honourable court that Eddie Mutwe was on his way to Gulu for arraignment before a competent court. The said lie is on court record,” the lawyers letter reads in part.
It adds: “In accordance with Article 23(3) of the 1995 Uganda Constitution, no person should be detained beyond 48 hours the way you are happily, insensitively and arbitrarily doing.”
The lawyers further state that the 1995 Constitution enjoins the officers to observe, respect, protect and promote the fundamental human rights and freedom of Mr Sebuufu as per Articles 20(2) and 221 of the Constitution.
In their letter the lawyers also state that Mr Sebuufu associating with Bobi Wine has never been a crime.
The letter was also copied in to the Principal Judge, High Court Civil Division Registrar, Attorney General, Inspector General of Police and the chairperson of Uganda Human Rights Commission.
Mr Sebuufu was on Tuesday supposed to be arraigned in court following a court order by Justice Musa Sekaana to have him before a judge, magistrate or have him released from unjustified incarceration.
However, the Attorney General’s representative, Mr Peter Tusubira informed court that he [Eddie Mutwe] was transferred to Gulu Magistrate’s Court to be charged with treason.
No transfer made
But in the letter, the lawyers insist that their client was not transferred to Gulu and accused the police through AG of lying to court.
Through his lawyers Mr Sebuufu had filed a writ of habeas corpus petition in court to have him presented in courts of law after his arrest at Semakokiro Plaza in Kamyokya, Kampala.
When contacted yesterday, police spokesman in-charge of CID, Mr Vincent Ssekate, said he was not at office and therefore, not in position to respond immediately.
He requested for two hours to verify whether police authorities received the letter or not, and why Edie Mutwe was not presented to court.
By press time Mr Sekate had not responded and Ms Akullo was not available.