Besigye’s Lawyers Petition Court Over Continued Detention

The legal team, led by Kenyan senior counsel Martha Karua and Kampala Lord Mayor Erias Lukwago, also wants the Attorney General and the Commissioner of Prisons to be summoned to explain the legal basis for keeping Besigye and Lutale in prison despite the ruling that annulled military court proceedings against civilians.

Lawyers representing Dr Kizza Besigye and Hajj Obeid Lutale have petitioned the High Court seeking an immediate release order for their clients, arguing that their continued detention is illegal in light of a recent Supreme Court ruling.

The legal team, led by Kenyan senior counsel Martha Karua and Kampala Lord Mayor Erias Lukwago, also wants the Attorney General and the Commissioner of Prisons to be summoned to explain the legal basis for keeping Besigye and Lutale in prison despite the ruling that annulled military court proceedings against civilians.

The Supreme Court, in a landmark judgment delivered on January 31, 2025, ruled that civilians cannot be tried by the General Court Martial (GCM), effectively nullifying all ongoing cases against civilians before the military tribunal.

However, Besigye, Lutale and hundreds of civilians remain in detention, prompting their legal team to challenge what they describe as a blatant disregard for the court’s decision.

Lukwago and his colleagues insist that there is no legal justification for further consultations on the matter, arguing that the Supreme Court’s ruling is final and binding.

“The proceedings were declared a nullity. There is no legality in seeking guidance from either Parliament or the Chief Justice, as the Attorney General has suggested. One cannot discuss a nullity,” lawyer Isaac Mpanga asserted.

The lawyers' petition comes on the back of grave concerns after the Chief of Defence Forces said the military would not respect the Supreme Court decision and that Besigye must apologise to President Museveni or he will leave Luzira in a coffin.

On Tuesday, Attorney General Kiryowa Kiwanuka briefed Parliament on the steps his office is taking to implement the Supreme Court decision.

He confirmed that all criminal trials before the General Court Martial should cease immediately and that all cases involving civilians must be transferred to civilian courts.

Kiryowa stated that the General Court Martial and the Uganda Prisons Authority had been directed to compile a list of civilians facing military prosecution so that their cases could be reassigned to the appropriate judicial bodies.

He also indicated that the Directorate of Public Prosecutions (DPP) would take over the cases, working closely with the military tribunal and the Uganda People's Defence Forces (UPDF) to ensure compliance with the court ruling.

Despite these assurances, Besigye’s lawyers maintain that the continued incarceration of their client and others similarly affected by the ruling amounts to unlawful detention.

They argue that the Supreme Court’s ruling should be self-executing and that there is no need for additional procedural steps to free those held under military jurisdiction.

In his briefing to Parliament, Kiryowa defended the ongoing process, stating that the ruling must be systematically implemented in coordination with the relevant institutions.

He noted that while the judgment has been communicated to all concerned parties, there are no specific timelines for enforcement.

“The Court Martial cannot sit. Ssegona should have extracted a decree and used it where he sees fit,” Kiryowa remarked, referencing legal technicalities surrounding the execution of the judgment.

He also emphasized that his office had written to the Chief Justice for guidance on coordinating with the DPP to ensure a smooth transition of cases.

The Attorney General further advised the Ministry of Defence and Veteran Affairs to begin considering amendments to the Uganda People’s Defence Forces (UPDF) Act in line with the Supreme Court’s recommendations.

Meanwhile, Lukwago and his team insist that their clients should not have to wait for bureaucratic processes to be freed.

“The Supreme Court’s decision is clear. Besigye and Lutale should not spend another day in unlawful detention,” Lukwago said.

As the legal and political implications of the Supreme Court ruling continue to unfold, all eyes remain on how the Ugandan government will navigate the transition away from military trials for civilians.