Uganda’s High Court on Monday ordered the long-awaited trial of former Allied Democratic Forces (ADF) commander Jamilu Mukulu to begin this week, with prosecutors lining up 55 witnesses to testify against him and 29 co-accused.
A panel of four judges said the trial will open Wednesday, nearly a decade after Mukulu was arrested in Tanzania and extradited to Uganda.
‘I have heard the submissions of both counsels. The balancing of the arms of justice requires a quick and expeditious resolution of this matter, but it should also be noted that in the interest of justice this matter should be heard on its merits,’ said Justice Michael Elubu, who led the bench.
Other judges are Stephen Mubiru, Andrew Bashaija and Susan Okalany. They rejected defence requests to dismiss the charges.
Mukulu, accused of leading the Islamist-inspired ADF rebel group, faces multiple counts of terrorism. The case has dragged on through years of adjournments and pre-trial hearings.
During Monday’s session, defence lawyers raised complaints about Mukulu’s treatment in detention.
‘Our client is denied food from his family, yet other inmates are allowed. He is forced to buy food at three times the market price and is kept in a cell without ventilation, feasted on by mosquitoes. He is also not allowed sunlight,’ said defence counsel Kasumba.
The judges ordered prison authorities to respond by Wednesday and advised the defence to file a formal complaint with the Uganda Human Rights Commission.
‘This court will hear from both sides in the interest of justice. Institutions like the Human Rights Commission have visitation rights to prisons and can file reports to assist the court,’ Justice Elubu said.
The ADF, originally a Ugandan rebel group, has been blamed for deadly attacks in both Uganda and the Democratic Republic of Congo. Mukulu’s trial is one of the most high-profile terrorism cases in Uganda in recent years.
Case background
Mukulu, jointly charged with 37 others, faces 20 counts, including terrorism, murder, aggravated robbery, attempted murder, and belonging to a terrorist organisation.
According to the indictment, Mukulu is introduced as the leader of the ADF and the Salaf Muslim community in Uganda, accused of issuing orders to his co-accused to carry out murders and robberies in Bugiri, Tororo, Namayingo, Kampala, Wakiso, Jinja, Mbale, Budaka and other districts.
He is further indicted for the murders of two Muslim clerics, Sheikhs Dakitoor Muwaya and Yunus Abubakar Mandanga, in Mayuge and Bugiri, respectively, as well as the killing of two police officers, Muzamir Babale and Karim Tenywa, attached to Bugiri Police Station. The group is also alleged to have robbed firearms, ammunition, money, and other property.
Prosecution, led by Assistant DPP Jatiko, contends that the offences were committed with social, political, economic or religious aims ‘in order to cause fear and panic among members of the public and government at large.’