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| Dr. Riek Machar |
JUBA, South Sudan
The Special Court trying First Vice President Dr. Riek Machar and seven co-accused on charges related to the Nasir violence has ruled that it has full jurisdiction to hear the case dismissing defense arguments that the matter falls under the yet-to-be-established Hybrid Court for South Sudan.
Delivering the ruling on Monday, Presiding Judge Dr. James Alala Deng said the court was legally constituted under the Judiciary Act and fully competent to proceed with the trial.
“There is no overlapping of jurisdiction between this Special Court and the Hybrid Court,” the judge stated, adding that since the Hybrid Court is not yet operational, “this court shall proceed to handle the matter.”
The ruling followed weeks of heated legal debate between the defense and the prosecution over whether the court had the authority to try South Sudan’s sitting First Vice President.
Prosecution: “The White Army Did Not Act Independently”
During today’s proceedings, the prosecution opened its formal case, alleging that the White Army militia involved in the March 2025 Nasir clashes was not acting on its own but under the command and financing of senior SPLM/A-IO figures.
Lead prosecutor Ajo Ohisa told the court that investigations had revealed a direct chain of command connecting the militia to top SPLM/A-IO leaders, including some of the accused.
“The White Army did not act independently. They were under the direct command of the fourth accused person, Lt. Gen. Gabriel Duop Lam, and financed by the first accused, Hon. Puot Kang Chol,” he said.
Ohisa further alleged that the attacks were “planned, funded, coordinated, and commanded” by elements within the SPLM/A-IO leadership, naming Major General Dilling Ker and other commanders as key coordinators.
Defense Lawyers Ordered to Regularize Licenses
In a separate directive, the court ordered two defense lawyers Advocates Warnyang Kiir Warnyang and Deng John Deng to temporarily step aside for lacking valid practicing licenses.
“The only way for them to rejoin the defense team,” said Judge Alala, “is to remedy their position by using Section 102 of the Code of Criminal Procedure 2008 and seek the sanction of the President of the Supreme Court.”
The decision drew mixed reactions in court, with the defense maintaining that the issue was procedural and would soon be rectified.
Humanitarian Gesture
The court also granted Nasir County MP Gatwech Lam Puoch, one of the accused, permission to travel briefly to his home area to console his family following the death of his brother-in-law.
The permission, granted under humanitarian grounds, came after the defense submitted an urgent appeal to the court.
“The accused will be allowed limited time to attend to his bereavement and must return immediately after the funeral,” the judge ruled.
Background and Next Steps
Dr. Machar and his co-accused including Petroleum Minister Puot Kang Chol, Lt. Gen. Gabriel Duop Lam, and five others are facing charges of treason, war crimes, and crimes against humanity allegedly committed during the March 2025 Nasir conflict.
The proceedings are widely viewed as a landmark test for South Sudan’s justice system, coming amid debates over accountability, transitional justice, and political immunity.
The court adjourned after Monday’s session and is expected to resume later this week to hear witness testimonies and further submissions from the prosecution.
The Bigger Picture
Legal experts say today’s ruling sets a powerful precedent by confirming that the Special Court can try high-ranking officials even before the Hybrid Court becomes functional.
Human rights observers, however, caution that the trial must adhere to international standards of fairness and transparency to maintain credibility.
As one analyst put it, “Today’s ruling means South Sudan’s judiciary has stepped into a historic role one that could redefine justice and political accountability in the post-war era.”
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