The High Court rejects Besigye’s request for freedom.
Judge Douglas Singiza of the High Court ruled on Monday that the application was moot because it was “overtaken by events.”
An application to free retired Colonel Dr. Kizza Besigye and his co-accused Obeid Lutale from prison has been denied by the Kampala High Court.
After the Supreme Court ruled that civilians could not be tried in military courts, the two had asked to be released.
The judge said that Besigye and Lutale would have been officially charged on February 21, 2025, at the Nakawa Chief Magistrates Court, so their earlier request for release was pointless.
“The applicants were charged and remanded [by] the Chief Magistrates Court of Nakawa, and this court must take judicial notice of these proceedings as outlined in Section 56 of the Evidence Act,” Singiza explained.
“The application is denied without any costs orders.” Besigye, Lutale, and Captain Denis Oola face treason and misprision of treason charges, respectively. The deliberate concealment of knowledge about an act of treason without reporting it to the authorities is a crime known as misprision of treason. It differs from treason itself because the person does not actively participate in the treasonous act but fails to inform the government when they become aware of it.
The three, based in Geneva, Athens, Nairobi, and Kampala, are being charged with attempting to overthrow Uganda’s government by requesting firearms and financial assistance and attending meetings, according to the prosecution.
As the investigation continues, they have been remanded to Luzira Prison until March 7, 2025. Following the Supreme Court’s decision that military courts no longer had the authority to try civilians, Besigye and Lutaale argued that they were being held without valid remand warrants. However, Judge Singiza reaffirmed that their formal charging at Nakawa Court meant their detention was lawful.
Erias Lukwago, Ernest Kalibala, Medard Lubega Sseggona, and Samuel Muyizzi Mulindwa led the prominent defense team, which argued unsuccessfully for the release of Besigye and Lutaale. In contrast, the government, represented by State Attorneys Johnson Natuhwera and Jackie Amusugut, maintained that the two were being held lawfully at Luzira Prison.
They emphasized that the Supreme Court ruling only mandated the transfer of files from military to civilian courts, and that the process of implementation was underway.
The Attorney General’s office confirmed that the process began on February 3, 2025, with correspondence between the Ministry of Defence and Veterans Affairs, the Director of Public Prosecutions, and the Chief Justice.
Dr. was appointed Deputy Chief Justice Designate by the Chief Justice. Flavian Zeija as the point of contact for cases that have been transferred from military courts. Judge Singiza addressed the personal attacks made against him on social media following his involvement in the case, despite the legal proceedings. The judge condemned certain offensive remarks, including cartoons portraying him as a Nazi judge, and dismissed such allegations as baseless and harmful to his integrity.
“Untrue insinuations were made that I was under the influence of powerful persons in government. Such allegations damage this court’s credibility, Singiza stated. “I wish to remind those who engaged in trolling and defamation that courts execute their functions impartially, based on the law and the evidence presented.”
Dr Besigye ended a weeklong hunger strike following his formal arraignment before a civil court. In protest of his illegal detention by the military court, whose authority had been stripped, he had begun to fast.
