Juba, October 3, 2025
Suspended First Vice President Dr. Riek Machar Teny has strongly rejected the Special Court’s investigation into his role in the Nasir incident, arguing that the proceedings violate the Constitution and his immunity as a senior government official.
The dramatic development unfolded on Friday during the sixth session of the Special Court in Juba, where prosecutors had presented four key documents as evidence:
1. An executive arrest sanction from the Presidency.
2. A National Security authorization for the arrest.
3. A ministerial order from the Justice Ministry.
4. A directive lifting parliamentary immunity for MP Gatwech, one of Machar’s co-accused.
Machar Challenges Court’s Authority
Taking the stand, Machar flatly refused to recognize the legitimacy of the investigation committee formed by the Ministry of Justice.
“I do not acknowledge this committee. I will not cooperate with an unlawful process,” Machar told the court, insisting that his constitutional immunity protects him from prosecution.
He further argued that the case is outside the jurisdiction of the Special Court, since the incident in Nasir falls under the Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM), not the judiciary. According to him, because the complainant is the National Security Service, the case should be handled through existing peace monitoring bodies.
Disputed Statements and Arrest Procedures
Machar also distanced himself from documents prosecutors claimed were statements he made during his detention.
He insisted that what was recorded was inaccurate and stressed that he only offered “informal responses” when questioned by the Justice Ministry’s committee.
Legal experts observing the trial said this point could prove significant, since any evidence obtained outside proper legal procedures risks being ruled inadmissible.
Political & Legal Implications
Analysts say Machar’s outright rejection of the court process raises profound constitutional questions:
Immunity Debate: Can high-ranking officials, including the First Vice President, be subjected to investigation without prior approval from the Presidency or Parliament?
Court Legitimacy: By dismissing the Special Court as unconstitutional, Machar is effectively putting the judiciary itself on trial.
Peace Agreement Impact: With elections approaching, the trial risks inflaming political tensions between the SPLM-IO and the government, especially if Machar is excluded from participating.
What Happens Next
The court adjourned the hearing to Monday, October 6, 2025, when prosecutors are expected to present additional evidence and witness testimonies.
Observers say the coming sessions will be decisive in shaping the outcome of this historic trial one that pits constitutional law against political reality in South Sudan.
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