Dr. Geri Raimondo Legge, a lead defence lawyer for South Sudan’s suspended First Vice President Riek Machar, on Monday argued that the special court trying his client and seven others is operating unlawfully, claiming its legal mandate expired last week.
The objection adds fresh legal and political complications to the high-profile trial, which Machar’s party, the Sudan People’s Liberation Movement-in-Opposition (SPLM/A-IO), has dismissed as politically motivated.
Appearing before the Special Court for the Nasir Incident during its ninth session, defence lawyer Geri Raimondo Legge filed a motion seeking to dismiss the case and secure the release of all eight accused. He said the ministerial order that established the court granted it a one-month mandate, from Sept. 8 to Oct. 8, which has now lapsed.
“From Oct. 9, the court has become jurisdictionally incompetent and unlawful,” Legge told the panel.
The court did not issue an immediate ruling on the defence motion. Instead, Presiding Judge James Alala Deng adjourned proceedings to Wednesday, Oct. 15, saying the court would seek an extension of its mandate from the relevant institution.
Legge also argued that the case violates Article 103 of South Sudan’s Transitional Constitution, which he said grants Machar immunity from prosecution while serving as first vice president.
Before the presiding judge adjourned Monday’s session, the prosecution team also requested more time to prepare evidence and coordinate witnesses.
The court case, which began on Sept. 22, involves Machar, 73, and seven co-accused: Puot Kang Chuol, 40; Mam Pal Dhuor, 37; Gatwech Lam Puoch, 66; Lt. Gen. Gabriel Duop Lam, 53; Kamilo Gatmai Kel, 47; Mading Yak Riek, 45; and Dominic Gatgok Riek, 27.
The accused face charges including treason, crimes against humanity, mass murder, terrorism and destruction of property.
The case relates to attacks in March 2025 on an army base in Nasir County that killed Gen. David Majur Dak and dozens of soldiers.
The government has alleged the assaults were carried out by Machar’s Sudan People’s Liberation Movement/Army-in-Opposition and an allied militia known as the White Army.