Justice Singiza refuses to issue a release order for Besigye

The Kampala High Court has denied a request to free retired Colonel Dr. Kizza Besigye and his co-defendant, Obeid Lutale, from prison.

The two had asked to be released after a Supreme Court decision that prohibited civilians from being tried in military courts.

High Court Judge Douglas Singiza declared the application to be moot in an order issued Monday, stating that it was “overtaken by events.”

Since Besigye and Lutale were officially charged before the Nakawa Chief Magistrates Court on February 21, 2025, the court noted, their prior plea for bail was superfluous.

“The Chief Magistrates Court of Nakawa charged and remanded the applicants, and this court is required to take judicial notice of these proceedings in accordance with Section 56 of the Evidence Act,” Singiza clarified.

“With no cost orders, the application is dismissed.”

There are accusations of treason and misprision of treason against Besigye, Lutale, and Captain Denis Oola.

Deliberately hiding information about a treasonous conduct without informing the authorities is known as misprision of treason.

Instead of actively taking part in the traitorous act, the individual does not notify the government when they become aware of it, which is how it differs from treason itself.

Operating out of Geneva, Athens, Nairobi, and Kampala, the three are accused by prosecutors of soliciting weapons, money, and attending meetings with the goal of toppling Uganda’s government.

Due to ongoing investigations, they have been remanded to Luzira Prison until March 7, 2025.

Besigye and Lutaale contended that they were being detained without legitimate remand orders after the Supreme Court ruled that military courts lacked the authority to trial civilians.

Nonetheless, Judge Singiza reiterated that their imprisonment was legal due to their official charge at Nakawa Court.

“The court would have wanted to address the issues raised, but given the proceedings that have already occurred, it would be moot to do so,” Singiza continued.

The defense team’s fruitless attempt to secure Besigye and Lutaale’s release was led by renowned attorneys Erias Lukwago, Ernest Kalibala, Medard Lubega Sseggona, and Samuel Muyizzi Mulindwa.

The government, represented by State Attorneys Johnson Natuhwera and Jackie Amusugut, insisted that the two were being kept at Luzira Prison in a proper manner.

They stressed that the Supreme Court’s decision merely required the transfer of military files to civilian tribunals and that the implementation procedure was already under progress.

The procedure started on February 3, 2025, according to the Attorney General’s office, when the Chief Justice, the Director of Public Prosecutions, and the Ministry of Defense and Veterans Affairs exchanged letters.

Dr. Flavian Zeija, the Deputy Chief Justice Designate, was designated by the Chief Justice to serve as the liaison for cases transferring from military courts.

Judge Singiza took the time to respond to personal assaults on social media after becoming involved in the case, even though the legal processes were still ongoing.

Cartoons depicting him as a Nazi judge were among the disrespectful statements that the judge denounced. He dismissed the accusations as unfounded and detrimental to his reputation.

“False accusations were made that I was influenced by influential government figures. “Accusations like these damage this court’s credibility,” Singiza stated.

“Those who engaged in trolling and defamation should be reminded that courts carry out their duties impartially, based on the law and the evidence presented.”

A week-long hunger strike was called off by Dr. Besigye after he was formally arraigned in a civil court. In order to protest his unlawful incarceration by the military court, whose judicial authority had been overturned, he had started fasting.