The High Court in Kampala has dismissed an application by Retired Col. Dr. Kizza Besigye and his co-accused, Obeid Lutaale, seeking release from prison following the Supreme Court’s decision banning the trial of civilians in military courts.
In his ruling on Monday, High Court Judge Dr. Douglas Singiza dismissed the application on grounds that it had been overtaken by events and was therefore moot, as Besigye and Lutaale had already been charged at Nakawa Chief Magistrates Court on February 21, 2025.
Besigye, Lutaale, and Captain Denis Oola were remanded until March 7, 2025, as investigations into charges of treason and misprision of treason continue.
Prosecutors allege that the trio, while in various cities including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya, and Kampala in Uganda, solicited firearms and financial support and attended meetings with the intent to overthrow the Ugandan government.
Besigye and Lutaale argued that they were being held in illegal detention without valid remand warrants since the Supreme Court’s decision nullified the military court’s power to try them.
However, Judge Singiza ruled that under Section 56 of the Evidence Act, the court must take judicial notice of proceedings where the applicants were formally charged and remanded.
“Under Section 56 of the Evidence Act Cap. 8, this court is enjoined to take judicial notice of the proceedings of February 21, 2025, in the Chief Magistrates Court of Nakawa at Nakawa in Criminal Case No. 285/2025, in which the applicants were formally charged in the courts of law 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,” said Singiza.
In his ruling, Judge Singiza also addressed personal attacks he faced on social media, stating that while some insults may be tolerable as fair comments, others-including cartoon drawings depicting him as a Nazi judge-were unacceptable and could amount to criminal prejudice.
“Untrue insinuations were also made that I was very much under the spell of powerful persons in government, an allegation that could easily bring the integrity and competency of this court into question.
In many jurisdictions of the world, any depiction of an individual as a Nazi apologist is prima facie evidence of criminal prejudice,” said Singiza.
Despite the criticism, Singiza reaffirmed the judiciary’s independence. “I wish to remind all those persons who vigorously trolled me as a person on different platforms, as well as via my personal email address, that courts in this country execute their judicial functions without fear or favour on the basis of the law and the evidence.
It is hoped that such persons or their surrogates will reflect on their conduct and stop it.”
Besigye and Lutaale’s application was unsuccessfully argued by their lawyers, led by Erias Lukwago, Ernest Kalibala, Medard Lubega Sseggona, and Samuel Muyizzi Mulindwa. On the other hand, State Attorneys Johnson Natuhwera and Jackie Amusugut, representing the government, argued that Besigye and Lutaale were legally detained in Luzira Prison.
They explained that the Supreme Court had only ordered the transfer of files from military to civilian courts and that the government had already begun implementing the decision.
According to the Attorney General’s Chambers, the government initiated the Supreme Court’s orders on February 3, 2025, by sending letters to the Ministry of Defence and Veterans Affairs (MoDVA) and the Director of Public Prosecutions (DPP), as well as to the Chief Justice.
On February 4, 2025, the Chief Justice appointed the Principal Judge, now Deputy Chief Justice designate Dr. Flavian Zeija, as the liaison contact, instructing that all matters be handled by his office.
Two days later, on February 6, 2025, the Attorney General’s Chambers forwarded the Chief Justice’s letter to the MoDVA and the DPP, advising that files be sent to the Principal Judge.
The Attorney General’s Chambers received a draft decree from former MP Kabaziguruka’s lawyers on February 13, 2025.
However, due to errors in the initial draft, it was corrected and returned to the lawyers on February 14, 2025. The Supreme Court decree was finally issued on February 18, 2025.
The prosecution opposed the release of Besigye and Lutaale, and two days later, the trio-including Captain Oola-was produced at Nakawa Court.
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