Machar’s Defense Declares Juba Special Court Illegal: Court Mandate Expired, Demands His Immediate Release
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SPLA-IO Leader Dr. Riek Machar |
Juba, South Sudan
The defense team representing First Vice President Dr. Riek Machar Teny-Dhurgon and seven other SPLM/A-IO detainees has challenged the legality and jurisdiction of the ongoing “Special Court on the Nasir Incident”, describing it as unconstitutional and time-barred.
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During the ninth session of the proceedings held on Monday at Freedom Hall in Juba, the defense submitted a formal motion questioning the temporal jurisdiction of the court, arguing that its legal mandate had already expired.
Defense Argues Court’s Mandate Expired:
According to the defense, the ministerial order establishing the Special Court was issued on September 1, 2025, granting it authority to operate from September 8 to October 8 a period of only one month.
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“Upon the expiration of this timeframe, the court became jurisdictionally incompetent and unlawful,” the defense argued, calling for the immediate release of all SPLM/A-IO detainees, including Dr. Machar.
Despite the objection, the Special Court reportedly offered no immediate comment on the motion. The session was later adjourned to Wednesday, October 15, to allow time for the SPLM-in-Government (SPLM-IG) to seek an extension of the court’s mandate.
SPLM-IO Denounces “Political Witch-Hunt”
In a statement signed by Cde. Puok Both Baluang, the SPLM/A-IO criticized the proceedings as a “sham trial” aimed at undermining the Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS).
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“The so-called Special Court is a mechanism created to abrogate the peace agreement and conduct a political witch-hunt against Dr. Riek Machar and the SPLM/A-IO,” the statement read.
The SPLM/A-IO reaffirmed its rejection of the court’s legitimacy and reiterated its demand for the unconditional release of Dr. Machar and all detained opposition officials.
Background:
The Special Court on the Nasir Incident was formed to investigate alleged crimes linked to the 2013 conflict in Nasir.
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SPLM-IO leaders have consistently dismissed the process as politically motivated, citing violations of the peace deal and lack of judicial independence.
Next Hearing:
The court will reconvene on October 15, 2025, amid mounting political tension between the SPLM-IG and SPLM-IO factions over the trial’s legality and its implications for national peace implementation.
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