The defense team of former Northern Bahr el Ghazal Governor Kuel Aguer Kuel who is battling treason charges in the Special High Court in Juba wants the charges brought against their client dropped for lack of evidence.
Kuel was arrested in July 2021 after signing a declaration by the People’s Coalition for Civil Action (PCCA) calling for a change in government in South Sudan through a popular uprising.
During the hearing of the case on Thursday, Kuel testified in court and admitted that he signed the PCCA declaration but denied some of the documents tendered by the prosecution.
He said other documents, including a call for mass protests and a new government structure, were concocted by the prosecution team when he had already been arrested.
Kuel said that he and Rajab Muhandis, a civil society activist, and Abraham Awolich, all of who signed the declaration, formed the PCCA to bring about change in the way government affairs are being run, citing poor governance.
After the former governor’s testimony, his lead defense counsel, Kiir Chol Deng, filed an application for submission of no case to answer under section 226 of the Code of Criminal Procedure Act 2008.
According to Chol, his client was detained for over three months without the sanction of the president of the Court of Appeal.
“A finding that the detention of the accused after elapse of three months without sanction or approval by the president of the Court of Appeal of the greater Equatoria Circuit was illegal detention,” Chol charged.
He called for an immediate acquittal and discharge of Kuel from detention.
Relatedly, Kuel urged the court to ask the government to unfreeze his bank account and said it is not related in any way to the PCCA and that the money in his account is for looking after his family’s needs.
However, after the lengthy hearing, the court adjourned the case to Wednesday 7 December when it will rule.
The South Sudanese politician signed the PCCA declaration as a representative of the South Sudan intellectuals Group. The other signatories were civil society activist Rajab Mohandis and Abraham Awolich, a renowned researcher, both of who fled the country.