The High Court in Kampala has ordered that Dr. Kizza Besigye and his co-accused, Obeid Lutaale, be returned to prison after concerns were raised by Besigye’s supporters about his health.
Justice Douglas Singiza of the Civil Division issued the order after supporters voiced their concerns during the proceedings.
They claimed Besigye, who was guarded by many prison officers, was struggling to breathe due to overcrowding and insufficient air.
Despite his frail and visibly weak condition, Besigye, wearing red bathroom sandals, and Lutaale were brought to court handcuffed and leaning on each other amidst a packed courtroom.
Besigye was initially seated in the dock, a space reserved by security personnel who were not in uniform.
However, after a few minutes, it became apparent that Besigye was having difficulty breathing, prompting a request for the prison authorities to assist him.
He was guarded by more than ten prison officers. Afterward, Besigye was moved to a seat closer to the judge for better visibility. Upon arrival, the judge noted that if Besigye was unwell, he could not keep him in court.
Justice Singiza then ordered the prisons to take Besigye back, giving a short break for prison officials to clear the way for his exit. When the judge returned, chaotic scenes ensued, disrupting the proceedings in the case, which involved lawyers seeking the unconditional release of Besigye and Lutaale.
The courtroom was overcrowded, with hundreds standing and others seated.
Some members of the public were being forced to vacate their seats for late-arriving officials, including Members of Parliament, causing further disorder.
During the proceedings, prison officers also pushed into the court, leading to a warm reception for lawyer Eron Kiiza, who was appearing publicly for the first time since his conviction and imprisonment in January 2025.
The crowd cheered, calling him “Eron Kiiza, the Conqueror of the Court Martial.”
Kiiza took a seat in front of Justice Singiza as the proceedings continued.
Earlier, the judge advised lawyer Erias Lukwago, who is leading Besigye’s legal team, that a habeas corpus application is typically filed when someone’s whereabouts are unknown or when their status is unclear.
Justice Singiza questioned the need for the application since Besigye’s location was now known.
However, lawyer Medard Lubega Sseggona clarified that the application was for the Attorney General to produce Besigye and justify why he was being held without a valid remand warrant, thus violating his right to liberty.
Lukwago argued that Besigye should be released to seek medical treatment at a hospital of his choice.
He highlighted the Supreme Court’s recent ruling that prohibited the trial of civilians in military courts, where Besigye and Lutaale were being tried for charges of treachery and illegal possession of firearms.
At the time of Besigye and Lutaale’s removal from the courtroom, the Attorney General and the Commissioner of Prisons were not present in court.
In a separate matter, Besigye’s wife, Winnie Byanyima, filed an application seeking her husband’s immediate and unconditional release.
The petition, filed last week, requests a writ of habeas corpus, compelling the Attorney General and the Commissioner of Prisons to produce Besigye and Lutaale before the court.
Byanyima’s affidavit details the circumstances of her husband’s abduction from Nairobi, Kenya, on November 16, 2024, and his subsequent unlawful detention at Makindye Military Barracks.
The affidavit further states that Besigye and Lutaale were later charged before the General Court Martial, despite the Supreme Court’s ruling that civilian trials in military courts were unconstitutional.
The application also seeks costs and demands that the respondents produce Besigye and Lutaale for further legal action.
The records show that on November 16, 2024, Besigye and Lutaale were forcibly taken from Riverside in Nairobi, where they had been invited for a book launch.
They were driven back to Uganda without due process and later appeared before the General Court Martial, facing charges of treachery and unlawful possession of firearms.
The prosecution alleges that between February 2023 and November 2024, Besigye and Lutaale held meetings in various international locations, including Geneva, Athens, and Nairobi, aimed at soliciting logistical support and identifying military targets in Uganda to undermine the security of the Uganda People’s Defence Forces (UPDF).
This is not the first time Dr. Besigye has been arraigned before the Court Martial. In 2006, he faced charges of treason, rape, and concealment of treason, but the charges were dismissed.
Besigye has consistently accused the government of politically motivated persecution, asserting that the charges against him are an attempt to undermine his political career.
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