Law Development Center (LDC) Court Grade One Magistrate Roselyn Nsenge has directed for unconditional release of Democratic Party’s (DP) and people power activist Bigirwa Moses from Luzira prison after being charged under repealed law.
Mr. Bigirwa was arrested from Top Radio situated at Makerere –Kavule and whisked off to Kawempe police station. He was appearing on a radio show dubbed Negwozadde moderated by Stephen Busuulwa.
Appearing before LDC Magistrate Roselyn Nsenge, Bigirwa was charged with publication of false news when he went on radio and said the National Resistance Movement government had planned to kill Kyadondo East legislator Robert Kyagulanyi aka Bobi Wine during the fracas that ensued during the Arua by-elections and was subsequently remanded to Luzira prison.
Through his layers led by Samuel Muyizzi Mulindwa, Asuman Basalirwa, Kenneth Paul Kakande, he applied for bail which was herd on Monday.
In his ruling, the magistrate ordered for unconditional release of the suspect reasoning that after it was discovered that he was charged under the law that was repealed by the Supreme Court, in a case filed by Charles Onyango Obbo against government in 2002 and Andrew Mwenda Vs Attorney General in 2005.
In the matter above, Justice Twinomujuni of Constitutional Court ruled that section 50 of the Penal Code Act (Cap. 106) under which the applicants were prosecuted, is itself inconsistent with the Constitution as to render it unconstitutional within the meaning of article 137 (3) (a) of the Constitution.
Defense lawyer Asuman Basalirwa called for disqualification of the matter however, Court was adjourned to January 28, 2019.