Dr. Geri Raimondo Legge, lead defence counsel for South Sudan’s suspended First Vice President Riek Machar, has questioned the legality of the special court hearing his client’s case, arguing that its mandate expired last week.
The challenge introduces new legal and political uncertainty into the high-profile proceedings, which Machar’s party, the Sudan People’s Liberation Movement-in-Opposition (SPLM/A-IO), has repeatedly dismissed as politically motivated.
During Monday’s ninth session of the Special Court for the Nasir Incident, Legge submitted a motion seeking the dismissal of all charges and the immediate release of Machar and his seven co-accused. He argued that the ministerial order establishing the court granted it a one-month operational period — from September 8 to October 8 — which has now elapsed.
“From October 9, the court has become jurisdictionally incompetent and unlawful,” Legge told the judges.
Presiding Judge James Alala Deng did not deliver an immediate ruling, instead adjourning the case until Wednesday, October 15. He noted that the court would seek an extension of its mandate from the appropriate authorities.
Legge further contended that the proceedings contravene Article 103 of South Sudan’s Transitional Constitution, which provides Machar immunity from prosecution while serving as First Vice President.
The prosecution, meanwhile, requested additional time to prepare evidence and arrange for witnesses before the next hearing.
The trial, which began on September 22, involves Machar, 73, and seven others — Puot Kang Chuol, Mam Pal Dhuor, Gatwech Lam Puoch, Lt. Gen. Gabriel Duop Lam, Kamilo Gatmai Kel, Mading Yak Riek, and Dominic Gatgok Riek — who face charges of treason, crimes against humanity, terrorism, mass murder, and destruction of property.
The charges stem from deadly March 2025 attacks on an army base in Nasir County that killed Gen. David Majur Dak and several soldiers. Authorities allege the assaults were carried out by Machar’s SPLM/A-IO faction alongside the White Army militia.
