The First Instance Division of the East African Court of Justice Thursday declared that the detention of Lt. Col Rugigana Ngabo in Rwanda was in breach of fundamental and operational principles of the East African Community.
The court presided over by Justice Johnston Busingye (Principal Judge), Lady Justice Mary Stella Arach Amoko (Deputy Principal Judge), Justice John Mukwawa and Justice Bosco Butasi ordered Rwanda to pay the costs for the unlawful and arbitrary action to the applicant, Plaxeda Rugumba, who is a sister to Lt. Col. Ngabo.
According to the East African Community official website, the Court said the act of detaining Lt. Col. Ngabo from August 2010 to January 2011 offended Articles 6 (d) and 7(2) of the Treaty; the latter which demands that Partner States shall be bound by the principles of inter alia, good governance and the rule of law.
The Court also declared that the five-month detention of Lt. Col. Ngabo was unlawful according to the laws of Rwanda.
It declared that the continued detention of the subject without trial in a competent court was a breach of the country’s laws.
Rwanda’s laws provide that any person arrested shall not be detained beyond 48 hours without being produced before a court of law.
The East African Court of Justice (EACJ) is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community.
Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The High Courts of the Partner States serve as sub-registries.
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