High Court in Kampala has ordered Chieftaincy of Military Intelligence (CMI ), the Attorney General and the Chief of Defence Forces (CDF) to immediately produce Mr Eddy Ssebuufu alias Eddie Mutwe in court.
The court order followed a habeas corpus application that was made in court seeking a person under detention to be brought before a judge or magistrate especially to secure that person’s release from unjustified incarceration.
Eddie Mutwe who is a bodyguard to Mr Robert Kyagulanyi alias Bobi Wine, was reportedly arrested by officers from Special Forces Command on August 25 at Semakokiro Plaza in Kamyokya, Kampala.
Through his lawyer Mr Anthony Kusingura of Kiiza Mugisha Advocates, Eddie Mutwe petitioned the High Court to order CMI and the Attorney General to produce him in court immediately.
“Since there is no representative from the attorney general’s office, I find the applicant’s claims substantial and agree with them. Security agencies are hereby ordered to produce the applicant in court on September 4 and show cause why he is being detained without producing him in court,” Justice Musa Sekaana ruled.
Eddie Mutwe’s lawyer told court that his client has been detained for more than 48 hours mandatory in the constitution for one to be produced in court.
“This infringes the right to fair hearing and the right to justice since it is now five days and the applicant has never been produced anywhere in court to answer any charge. His relatives are now in fear since they cannot ascertain whether he is still alive or dead,” Mr Kiiza said.
In a sworn affidavit, Mr Kusingura states that Eddie Mutwe has been unjustly deprived of his fundamental human right to liberty contrary to article 23 (6) (a) of the constitution.
“The military has ensured that he remains incommunicado since his arrest and his kin and kith are anxious about his state of health given the mistreatment and torture most recently visited on the person of his friend and boss Bobi Wine,” Mr Kusingura said.