The High Court Judge, Jane Francis Abodo, has set February, 6, for hearing of bail application filed by former Bubulo West legislator Tonny Kipoi Nsubuga who was extradited to Uganda early last year.
Kipoi was arrested in Botswana in February alongside a one Robert Kitali and both were extradited in March 2018 for reportedly extorting money by posing as a witch doctors. He is currently facing treason charges in Makindye General Court Martial chaired by Lt Gen Andrew Guti.
Through his layers led by Ronald Idulo of Ojok and Company advocates, Kipoi has applied for a temporary release from Makindye military barracks contending that he has a fix home in Bubulo where he can be found whenever is required by Court.
“First of the offence that is averred to have been committed by Kipoi is not capital in nature, therefore he can be released on bail to go and look after his family as he reports to court,” said counsel Ronald Idulo.
Counsel Idulo said his client is a Uganda and therefore he has a right to apply for bail as it is stipulated under article 28 of the constitution of Uganda.
His petition to High Court
Recently, Tonny Kipoi Nsubuga has petitioned High Court challenging his trial in General Court Martial and his subsequent detention in a military facility.
Kipoi said in 2013 the DPP signed a formal notice of abandonment in relation to the same offences that currently against him and in September 2014 was he was released by the High court.
Kipoi lamented that trying him on same facts is illegal and unconstitutional and therefore wants Attorney General, Director of Public Prosecution (DPP) and Commander Defence Forces (CDF) of UPDF to respond over that matter.
Prosecution
Prosecution avers that between November 2012 and December 2013, while in various districts of Masaka, Jinja, Kampala Uganda, and Kipoi convened meetings to recruit soldiers with the intention of overthrowing government.
In 2013, Kipoi was allegedly arrested in Congo and charged with treason however he refuted the claims, saying he had fled the country because of bad governance under President Yoweri Museveni
Former Bubulo West legislator Tony Kipoi Nsubuga is charged alongside five UPDF soldiers: Sgt. Yunus Lemeriga, Sgt. Adams Mawa, Sgt. Albino Okenge, Cpl Rogers Mwiru, and Private Ddodola Ijosiga.