The High Court’s International Crimes Division has dismissed an application by jailed suspected Allied Democratic Forces (ADF) commander Jamilu Alirabaki Mukulu Kyagulanyi, who sought release on grounds that his fundamental rights were violated during his arrest.
The panel of four justices—Susan Okalany, Michael Elubu, Stephen Mubiru, and Dr. Andrew Bashaija—on Monday ruled against releasing Mukulu and two of his co-accused, Muhammad Matovu and Omar Abdallah Mutuka.
The trio had jointly challenged their extradition from Tanzania, arguing that charges brought against them in Uganda—particularly terrorism and robbery—were not part of the original extradition terms, which they say only referenced murder. They also claimed that their rights were violated through torture and illegal detention.
Mukulu, arrested in 2015 in Tanzania and later extradited, faces multiple charges including terrorism, murder, attempted murder, aggravated robbery, and membership in a terrorist organization (ADF). Prosecutors describe him as the leader of the ADF and the Salaf Muslim community, allegedly commanding 37 co-accused in orchestrating murders and robberies across Bugiri, Tororo, Namayingo, Kampala, Wakiso, Jinja, Mbale, and Budaka.
He is also accused of ordering the killings of Sheikh Dakitoor Muwaya and Sheikh Yunus Abubakar Mandanga in Mayuge and Bugiri, as well as police officers Muzamir Babale and Karim Tenywa at Bugiri Police Station. Authorities further allege that his group stole firearms, ammunition, a gold-weighing machine, and large sums of money in acts intended to instill political, religious, and economic fear.
Through his lawyer, Medard Ssegona, Mukulu contested the inclusion of terrorism and robbery among the charges, citing a breach of the extradition treaty terms. He also alleged torture, including beatings and forced pork consumption, along with violations of his property and fair trial rights. He claimed the unlawful seizure of his USD 38,000 and a personal camera.
However, the court found that the torture claims—raised only in 2018—lacked credibility due to the delay. It also ruled there was insufficient evidence to prove ownership of the seized property. The panel acknowledged that the delays in trial proceedings were largely caused by the COVID-19 pandemic and ongoing investigations.
The court also admitted that Mukulu and his co-accused were held beyond the lawful 48-hour limit, detained illegally for a year at the now-defunct Nalufenya facility, and paraded in the media by former IGP Kale Kayihura—an act found to have violated their right to presumption of innocence.
Despite recognizing these violations, the judges ruled they were not grave enough to derail the trial. Accordingly, Mukulu’s application was dismissed, and the court confirmed that the trial will proceed. Notices summoning him and his co-accused back to court will be issued. In the meantime, they have been further remanded to Luzira Prison.
The accused were arrested between 2014 and 2015 in various locations across Uganda and Tanzania. Some of the charges against them date as far back as 1998, including the infamous ADF attack on Kichwamba Technical Institute that left over 80 students dead.
In September 2019, pretrial judge Eva Luswata committed the group to stand trial. However, proceedings have since stalled, and the trial has yet to commence.
