Why Besigye, Lutale illegal detention application was dismissed

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The High Court has dismissed an application seeking the unconditional release of four-time presidential candidate Dr Kizza Besigye and his aide, Hajj Obeid Lutale, from Luzira Prison, due to their ongoing treason case at the lower court.

Besigye and Lutale were formally charged with treason and misprision of treason at Nakawa Chief Magistrates’ Court on February 21, 2025, and remanded to Luzira Prison by Chief Magistrate Esther Nyadoi. The duo was charged alongside a Uganda People’s Defence Forces (UPDF) officer, Capt. Denis Oola, who is attached to the armoured brigade.

The duo was charged alongside a Uganda People’s Defence Forces (UPDF) officer, Capt. Denis Oola, who is attached to the armoured brigade. (File/New Vision)

According to the Penal Code Act, treason is punishable by death, while misprision of treason carries a life imprisonment sentence.

Justice Douglas Karekona Singiza of the Civil Division of the High Court dismissed the application on February 24, 2025, stating that addressing the issues raised in the habeas corpus application would be moot since Besigye and Lutale had been formally charged and remanded.

“While the court would have wished to answer the issues raised, it would be moot for it to do so. Accordingly, the application is dismissed with no orders as to costs,” he ruled.

Besigye and Lutale had argued that a Supreme Court decision nullified the power of the General Court Martial (GCM) to try them. As a result, they claimed to be in illegal detention since the prison authorities no longer had lawful grounds to detain them.

Four-time presidential candidate Dr Kizza Besigye. (File)

They also contended that the uncertainty surrounding the implementation of the Supreme Court’s decision could not justify their continued detention, asserting that all previous cases before the GCM had collapsed and could not be revived by the Director of Public Prosecutions (DPP), as doing so would be unconstitutional.

Besigye and Lutale were represented by Ernest Kalibala, Erias Lukwago, Medard Sseggona and Samuel Muyizzi while the Attorney General was represented by Senior State Attorney Johnson Natuhweera and senior attorney Jackie Amusugut.

Case file transfer

The court heard that on February 3, 2025, the Government commenced the implementation of the Supreme Court orders with a letter to the defence ministry (MoDVA), DPP, along with another letter to the Chief Justice.

Subsequently, On February 4, 2025, Chief Justice Alfonse Owiny-Dollo appointed Principal Judge Dr Flavian Zeija as the liaison contact and further instructed that all the matters will be handled by him.

On February 6, 2025, the Attorney General’s Chambers forwarded the Chief Justice’s letter to the MoDVA and the DPP advising that the files be forwarded to the Principal Judge.

On February 13, 2025, the Attorney General’s Chambers received a draft decree from the lawyers of the former Nakawa Member of Parliament, Michael Kabaziguruka and on February 18, a decree from the court was duly signed and the process of transfer of the GCM files started.

Allegations at lower court

The prosecution alleges that Besigye, Lutale, Oola and others still at large, between 2023 and November 2024, at various places/countries including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya and Kampala in Uganda, contrived a plot, act or matter by force of arms to overturn the Government of Uganda as by law established and expressed or declared such plot, act or matter by utterances and overt acts.

It is also alleged that Besigye, Lutale, Oola and others still at large between 2023 and November 2024 at various places/countries including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya and Kampala, knowing that another person intended to commit treason, did not give information thereof with all reasonable dispatch to the minister, an administrative officer, a magistrate or an officer in charge of a police station or use all reasonable endeavours to prevent the commission of the treason.

Particulars of overt acts

Prosecution alleges that the accused persons travelled to various countries including Switzerland, Greece, Kenya for purposes of attending meetings to further the plot to overthrow the Government of Uganda.

According to the court documents, the accused persons provided logistical support and organised several Ugandan citizens to travel to Kisumu, Kenya for the purpose of receiving training in various military and intelligence gathering techniques.

It is further alleged that the trio solicited for military, financial and other logistical support to overturn the government.