By Frank Kamuntu
In a dramatic legal development, lawyers representing opposition stalwart Dr. Kizza Besigye and his ally Hajj Obeid Lutale Kamulegeya have taken action against Uganda’s Attorney General Kiryowa Kiwanuka and Commissioner General of Prisons Johnson Byabashaija over the continued detention of their clients, despite a Supreme Court ruling that declared the General Court Martial (GCM) has no jurisdiction to try civilians.
The legal team, which includes Martha Karua, former Justice Minister of Kenya, Kampala Lord Mayor Erias Lukwago, and Busiro East MP Medard Lubega Ssegona, filed a habeas corpus application in the High Court in Kampala on Wednesday, seeking immediate action against the unlawful detention of their clients.
This move comes on the heels of a recent communication by Attorney General Kiwanuka to Parliament, where he indicated that Besigye and Lutale would remain in prison during the process of transferring their cases to civilian courts, in compliance with the Supreme Court’s January 31 ruling. Kiwanuka had outlined that all ongoing civilian cases in military courts would be halted and transferred to the civilian judicial system.
However, Besigye and Lutale’s lawyers argue that the continued incarceration of their clients is not only a direct violation of their constitutional rights but also a defiance of the Supreme Court’s decision. The court ruling clearly stated that the GCM had no jurisdiction over civilians, rendering any detention under its authority unconstitutional.
Lukwago spoke out forcefully, stating, “The court order we are seeking is to immediately summon the Attorney General and the Commissioner General of Prisons to appear before court to explain their actions.”
Besigye and Lutale had been scheduled for a General Court Martial hearing on February 3, but the Supreme Court’s ruling invalidated the military court’s jurisdiction over them. According to Lukwago, their remand warrants expired on the same day, making their continued detention unlawful.
“The remand warrant was quashed by the Supreme Court on January 31. Even if it hadn’t been quashed, it expired on February 3, because there was no court session to extend it,” Lukwago explained, stressing that Ugandan law prohibits detention without a valid remand warrant.
The legal team has also taken issue with the Attorney General over his apparent overreach. “The Attorney General has taken it upon himself to issue remand orders, a power which he does not possess under the law. We demand that he be summoned by the High Court to clarify the basis of his authority,” Lukwago insisted.
They also challenged Commissioner General Byabashaija, accusing him of unlawfully detaining Besigye and Lutale based on expired warrants. “Mr. Byabashaija, under what law are you detaining these two men? The Supreme Court has quashed the warrants. On what legal grounds are you holding them?” Lukwago questioned.
The lawyers have called for an expedited hearing of the case, requesting that the court take up the matter urgently. “We hope the High Court will hear this case within the week, ideally by Friday,” Lukwago said. “There is no legal basis for their detention, and we are asking the court to order their immediate and unconditional release.”
Besigye and Lutale face serious charges including illegal possession of firearms, treason, and attempts to acquire weapons in Nairobi, Athens, and Geneva—allegations they have vehemently denied. Their detention continues to be a significant point of contention in Uganda’s political landscape, especially among their supporters who argue that the charges are politically motivated.
As the legal battle continues, all eyes are on the High Court to determine whether Besigye and Lutale will be granted their freedom, or whether their detention will remain in defiance of the Supreme Court’s directive.
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