By: Sebit Patrick
(JUBA SEPTEMBER 22ND 2025) Adefendant advocate at the trial of First Vice President Dr. Riek Machar and 7 other opposition politicians has questioned the competence of high court to try vice president of the country saying the status of the accused is beyond the power of the chief Justice.
Advocate Justice Geri Raymondo Lege, defending the accused Dr. Riek Machar Teny cited chapters of the constitution alongside articles of the Revitalized Agreement on the Resolution of Conflict in South Sudan challenging that a hybrid court that was supposed to be established by the African Union Commission should have been the right body to prosecute individuals bearing responsibility for violations of international or South Sudan laws committed since 15th December 2025.
“Consequently, if the Nasser incident is to be characterized as transiting a mere ceasefire violation and amounting to a serious crime within the preview of international or national laws, then the matter falls squarely and excessively within the jurisdiction of the hybrid Court, which has never been established by the African Union Commission of Human Rights.” Adv. Geri Raymondo challenged.
The advocate asserts that the hybrid court overrides all other courts in the country, including the South Sudan’s constitution.
“The hybrid Court has been designed and agreed to have its own bill, investigations and prosecution mechanism. This is what His Excellency Dr Riek Machar and his colleagues and the rest have agreed, just as the Revitalized Agreement has primacy over all laws of South Sudan, including our beautiful constitution here, this beautiful constitution here.” He ascends.
However, a prosecutor has objected to the claim saying the court is competent to try the First Vice President.
Advocate. Ajo Ony’ohisa cited article 123e which establishes the structure and hierarchy of a judiciary, under which is empowered with the establishment of other courts and tribunals as deemed necessary according to the constitution.
“In terms of competence of this court to try the first vice president, it is a prosecution argument that this court is competent to try the first vice president.” Argues Adv. Ajo
Ajo continues that articles in the constitution establishes the structure and hierarchy under which other courts can be established but only when deemed fit.
“My Lord, Presiding Justice and Justices of the Special Court, Article 1.30.123 establishes the structure and hierarchy of a judiciary. And under it, it empowers that there shall be established other courts and tribunals. As deemed necessary to be established in accordance with the provision of the constitution and other law.” Argues Adv. Ajo Ony’ohisa, a prosecutor in the proceedings.
The prosecutor also argues that section 9 of the judiciary act provides for the same act.
“My Lord Justices, Section 9 of the Judiciary Act provides for the same. In terms of paneling of this special court, my Lord Justice, Article 1.26.3 of the Transitional Constitution, 2011 as amended, provides for paneling of special courts.
“But in case of criminal or civil matters, there shall be panels of three, and when they sit as a constitutional panel, there shall be at least nine justices, where the Chief Justice shall be presiding. The same provision is reiterated in Section 11.3 of the Judiciary Act.” He continued.
Dr. Riek Machar was put under house arrest in March following the Nasir Incident in which government general was killed alongside many other SSPDF soldiers. A United Nation pilot also died in the incident.
Early September, the minister of Justice and Constitutional affairs reported that investigations into the Nasir incident was concluded, warranting the commencement of the tribunal.
The accused first vice president was charged with treason and the human rights violation. He appeared longside 7 other opposition figures in a trial that was launched September 22nd 2025 in a special court session held at the freedom hall.
