By Ronald Kalangi
The High court in Kampala on Monday ordered the head of Chieftaincy of Military Intelligence (CMI) Col.Kaka Bagyenda, UPDF high command,Police hierarchy and Attorney General to immediately and unconditionally release Edward Ssebuufu aka Eddie Mutwe,the chief bodyguard of Kyadondo East member of parliament Robert Kyagulanyi aka Bobi Wine.
In the court order signed by a high court Judge His Lordship Musa Ssekaana, the lordship ordered Senior Commissioner of Police Elly Womanya and any other Police Officer in whose custody Eddie Mutwe is to set him free because he is being illegally detained.
“The Director, Chieftaincy Of Military Intelligence, Chief Of Defence Forces, UPDF, Attorney General Of Uganda- Respondents . “Order Of Unconditional Release; This matter coming up for hearing before this Honourable Court on the 10th day of September, 2018 at 9:00pm, before HIS LORDSHIP HON. JUSTICE MR. SSEKAANA MUSA, in the presence of the Applicant’s counsel Kiina Eron, and in the absence of the Respondents; It Is Hereby Ordered;
That the Applicant being in continuing illegal police detention, this court in exercise of discretionary power pursuant to Rule 6 of Judicature (Habeas Corpus) Rules SI 13 — 6, orders D/SCP Womanya Elly or any other officers in whose custody the Applicant is detained to immediately and unconditionally release him. GIVEN under my hand and the seal of the court this..10th day of Sept 2018,” read part of Judge’s order.
The order comes in after Mutwe’s Lawyer Eron Kiiza, told court that since 4th of this month when the Attorney General’s representative Peter Tusuubira informed court that they were charging Bobi Wine’s Body Guard with Treason before Gulu Magistrate court; that nobody like family members has accessed their family member.
“I can’t tolerate the violation of the Constitution, the Police must release him as per the laws governing habeous corpus proceedings,” he noted.
Lawyer Eron Kiiza filed an application before the High court in Kampala indicating that the family of Eddie Ssebuufu a.k.a Eddy Mutwe did not know his where abouts, since his arrest on August 25th 2018 from Kamwokya Ssemakokiro Plaza in Kampala.
He says that his continued detention without trial beyond 48 hours is a violation of his constitutional right.
Court heard that Eddy Mutwe was picked by the Military’s Special Forces Command Soldiers on the fateful day and taken to Mbuya, so he wanted the Attorney General of Government, the CDF and the Director Chieftaincy of Military Intelligence to ensure that Eddy Mutwe is produced in court if he committed any crime.
Eddie Mutwe was arrested few days after the arrest of some members of parliament and other 33 and tried in courts of law following the Arua by Election fracas that left a presidential car’s rear screen shuttered.