Special court to rule on Machar team’s jurisdiction objection

The Special Court, trying suspended First Vice President Dr Riek Machar will on Wednesday examine a defence objection challenging its jurisdiction and the claim that its formation violates the constitution, Presiding Judge James Alala said on Tuesday.

“We are going to put up the session so that we can look into the application raised for the defence session tomorrow, at the same time,” said Presiding Judge James Alala on Tuesday, while adjourning the high-profile trial of suspended First Vice President Dr Riek Machar and seven co-accused.

The defence team had renewed its objection to the jurisdiction of the Special Court, arguing that the court’s formation violates the country’s constitution and should not proceed with hearing the case.

The Tuesday’s trial resumed following Monday’s adjournment, which had been granted to give the defence time to study the prosecution’s written response to its earlier challenge.

Lead defence counsel Dr Geri Raimondo reiterated that the charges stem from a ceasefire violation—an issue, he argued, that should fall under the mechanisms outlined in the 2018 Revitalised Peace Agreement, rather than be tried in a criminal court.

“The peace revitalised agreement provides a mechanism for resolution on ceasefire violations through the CTSAMVM,” Dr Raimondo told the court.

“This court lacks jurisdiction over the subject matter. Its formation contravenes our constitution.”

The prosecution, however, dismissed the objection as unfounded and submitted a 14-page response supported by appendices, asserting that the Special Court, established by the President of the Supreme Court, operates within the confines of the Transitional Constitution.

Disputes also arose during the session over the involvement of legal representatives for victims of the Nasir violence. The defence argued these lawyers should not be part of the prosecution team, a claim also rejected by the prosecution.

The trial centres on a violent incident earlier this year in Nasir, Upper Nile State, in which over 250 government soldiers were reportedly killed.

Dr Machar and his co-accused face charges including treason, conspiracy to rebel, murder and crimes against humanity.

The case continues on Wednesday, with the court expected to rule on the defence’s jurisdictional challenge before any further proceedings.