The habeas application was heard ex-party after the Attorney General’s failure to appear in court to explain the whereabouts of the applicant. Justice Ssekaana ruled that Guy Milton Smith has been held in detention for a long time.
The family dragged the government to Kampala High court seeking unconditional release for their father and husband; Guy Milton Smith whom they claim is illegally detained at SIU -Kireka.
The family led by wife; Sharon Tusiime and their 2 children aged 6 and 11 years say their father who is a resident of Kitebutura in Njara ward Fortportal city was picked by the “notorious drone car on March 21st, and since then, he is being held incommunicado.
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These, on Friday last week filed habeas corpus application before High Court Civil division claiming that he was being illegally detained at the Special Investigations Unit-Kireka.
The family led by wife; Sharon Tusiime and their 2 children aged 6 and 11 say their father who is a resident of Kitebutura in Njara Ward Fort portal city was reportedly picked by the “notorious drone car on March 21st and has since been held incommunicado.
They add that with the help of a consular office at the US Embassy in Kampala and lawyers from centre for legal Aid, the family managed to establish the whereabouts of their relative at the SIU police facility in Kireka.
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In his petition, Mabirizi contends that the said decision amounted to Supreme Court usurping powers not granted to it under the laws of Uganda.
He argues that Presidential Elections Act does not give powers to the Supreme Court to declare a person duly elected upon withdrawal of the Petition.
But instead, such a declaration can only be made once the petition has been heard up to its conclusion which was not the case with the election petition filed by former NUP’s presidential candidate Robert Kyagulanyi.
According to Mabirizi, it doesn’t mean that when there is no one else still challenging Museveni’s victory, the court makes a declaration that he was duly elected when it did not investigate the allegations that were brought before it by Kyagulanyi in his petition which he withdrew before its logical conclusion.