The Special High Court in Juba on Friday dismissed all the treason charges brought against former Northern Bahr el Ghazal State Governor of Kuel Aguer Kuel and acquitted him.
Kuel Aguer was arrested in July 2021 after signing the declaration by the People’s Coalition for Civil Action (PCCA) calling for a change of government in South Sudan by way of a popular uprising.
The prosecution had charged Aguer under sections, 52, 63, 66, 74, 75, 78, and 80 in the Penal Code Act which all talk about overthrowing the government, organizing an unauthorized demonstration, and trying to cause violence to the public.
During the hearing, the lead Presiding Judge Simaya Sallah said the court decided to acquit Kuel of all charges and release him immediately.
She said the prosecutor can appeal the ruling within 15 days.
Speaking to journalists after the ruling, Peter Dau Akol Thon, a member of the Aguer’s defense team, said the ruling is an indication that the rule of law exists in South Sudan.
“We are very grateful for the landmark ruling the South Sudan Judiciary has had today. It is an indication that there is a rule of law in this country. We are so happy that the judge has found Kuel not guilty and has dismissed the case,” he said. “This is an indication that freedom of speech should not be limited to a person who wants to exercise his rights. Our client was exercising his constitutional right to speech under article 25 of the constitution.”
On his part, lead defense counsel Kiir Chol said the ruling is not only a victory for Kuel Aguer but all citizens of South Sudan who wish to criticize the government.
“The decision of today has served justice not only to Kuel Aguer but to the nation and the citizens of this country who would wish to criticize their government. In our constitution, the freedom of expression and opinion under article 25 of our national constitution as well as article 24 provide the right for any citizen to criticize the government,” he said. “This right is not absolute and has limitations. The court agreed with us that Kuel Aguer was exercising his constitutional right to criticize the government and he has not exceeded that right therefore the alleged offenses brought against him were not established hence the case was dismissed.”
However Latjor Kueth Jal, the lead prosecutor said they have the right to appeal the ruling.
“The court dismissed the charges against the accused and released him immediately. The court has the right to evaluate the evidence presented and we have the right to appeal that decision within 15 days from today,” Kueth said.
Reacting to his victory, Kuel Aguer Kuel said the decision to detain him was to silence him from criticizing the government.
“The accusation against me that I attempted a coup is false. The intention was to keep me out of the public and it is my constitutional responsibility to talk on the affairs of my country,” he said. “If the affairs are not run according to the constitution, any citizen must raise his voice according to article 46 of the constitution of South Sudan 2011 as amended. I have a responsibility to fight for unity, to fight for freedom, to fight for peace, to fight for democracy, and fight for the prosperity of this country.”
He vowed to keep on fighting for democracy in the country and called for freedom for all the citizens.
“I shall continue to call for democracy, I shall continue to call for freedom, I shall continue to call for justice and equality of this country because we liberated South Sudan so that we have a country of which each and every citizen is a first-class citizen. We are born free and we live free and we shall die free, we are not anybody`s property, we are the property of this land,” Aguer charged. “Freedom is a property of each and every person although the complainant wanted me dead and told me that if I do not apologize, I would die in the hospital. I said death belongs to God and if my time comes, let it come because I cannot apologize for a crime I have not committed. That would be a shame to my children.”
Meanwhile, the Executive Director of the Community Empowerment for Progress Organisation (CEPO), Edmund Yakani congratulated the high court’s ruling saying it has ‘demonstrated independence and right application of the law’.
In a statement forwarded to Radio Tamazuj, Yakani said, “This is a good beginning in our judiciary reform toward exercising the independence of the judiciary. Application of rule of law is required in South Sudan for nurturing respect of human rights, promotion of social cohesion, democratic rule, peace, and security.”