The Chief Magistrate’s Court at Buganda Road has ordered the extradition of retired Lieutenant Katungi Michael Mpeirwe to the United States, where he is wanted to face charges related to terrorism, drug trafficking and firearms.
The court, presided over by Chief Magistrate Ritah Kidasa Neumbe, on Friday, August 28, ruled that the extradition application filed by the Director of Public Prosecutions (DPP) had met all the legal requirements under the Extradition Act, Cap. 124.
Court consequently committed Katungi to prison pending his extradition to the US.
The extradition proceedings followed a request from the US government seeking the surrender of Katungi to stand trial before the US District Court for the Eastern District of Virginia.
He faces three charges in the US, including conspiracy to distribute and possess with intent to distribute five kilogrammes or more of cocaine.
He is also accused of conspiring to possess firearms, including a machine gun and destructive device, in furtherance of a drug-trafficking crime.
The third charge relates to an alleged conspiracy to provide material support to a designated foreign terrorist organisation identified as Cartel de Jalisco Nueva Generación.
The DPP represented Uganda in the extradition proceedings, with Chief State Attorney Adrine Asingwire leading the prosecution. Katungi was the respondent.
The court dismissed preliminary objections raised by Katungi, including challenges to the procedure used to commence the extradition proceedings, the authority of the Minister of Justice and Constitutional Affairs and the Solicitor General to process the request, and a claim of diplomatic immunity.
He also challenged the legal standing of the DPP to conduct extradition proceedings.
On diplomatic immunity, the court held that such protection applies only in the receiving state where a diplomat is accredited and does not extend to proceedings in Uganda or third countries.
The court further affirmed that the DPP has the constitutional mandate under Article 120 of the Constitution to institute and conduct criminal proceedings on behalf of the State.
The court also considered an affidavit previously filed in support of the extradition application by Michael D. Stanton, which had been expunged from the record after the deponent failed to appear for cross-examination.
However, the court found that the remaining evidence, including an affidavit by D/SSP Kule Yona and authenticated documents submitted by US authorities, was sufficient to meet the legal threshold required for Katungi to be committed for extradition.
The ruling clears the way for his surrender to the US to face trial on the charges.
