People Power activist Moses Bigirwa who has been in detention for almost two weeks has been released on Wednesday 9th January 2019 unconditionally by Law Development Court.
Moses Bigirwa was arrested and accused of misinforming the public and alleging that NRM government had planned to Kill Kyadondo East Member of Parliament, Robert Kyagulanyi alias Bobi Wine during Arua by-election fracas last year.
Grade one magistrate Rosaline Nsenge ruled that the charges against Bigirwa were defective unconstitutional given that the supreme Court already declared publication of false news as defective and was released unconditionally.
“The charges of publications of false news is non-existent as such I find that the same charge is fatally defective as it doesn’t exist in the books of law,” Magistrate Roseline ruled
“I order for the release of the accused person unless being held on other lawful charges,” Magistrate Roseline added.
However, lawyers of Moses Bigirwa led by Counsel Samuel Muyizzi and Counsel Asuman Basalirwa objected to the adjournment saying once court declares charges as defective the accused should be automatically acquitted.
While addressing the media immediately after his release, Moses Bigirwa said he didn’t break any law and the case was doctored.
“These are the cases which happened before Jesus was born, these are some of the cases that were used by dictators like Mussolini,” Bigirwa stated
He says those kinds of cases cannot be used to oppress people who want change in Uganda
” So, we are going to fight for it but I would also like to thank the judiciary at least for the first time they have discovered the truth,” Bigirwa added
The court has given both parties two weeks to file their written submission and reappear in court on 21st January 2019.
