A storm is brewing in Uganda’s legal corridors, as top lawyers have sharply criticized Attorney General Kiryowa Kiwanuka's arguments regarding the continued detention of individuals by the court martial, particularly in the case of opposition leaders like Dr Kizza Besigye and Obeid Lutale.
The legal minds are advising the Attorney General to reconsider his position, calling for the dropping of all related cases and a fresh start if the government intends to pursue charges against the detainees.
In a case filed as Miscellaneous Case No. 31, Besigye’s legal team has demanded that both Attorney General Kiwanuka and Uganda Prisons Chief Johnson Byabasaija appear before the Supreme Court to explain the continued detention of the accused.
The petition marks a renewed effort to challenge the legal basis of the ongoing military detentions, which critics say undermine constitutional processes.
“This is not a case for the court martial. The law mandates a process beginning with police action, leading to the courts and then investigations, not a court martial said Erias Lukwago, one of Besigye's leading lawyers.
"If there are any remaining charges, the office of the Director of Public Prosecutions (ODPP) should review the files and restart the legal proceedings.”
The statement follows an earlier comment by Attorney General Kiwanuka, who appeared in Parliament where he insisted that his office was ready to comply with the Supreme Court’s ruling.
However, the long-delayed process has left many questioning the credibility of his argument.
"The Attorney General’s position is null and void," Lukwago added. "It’s been months, and we have not seen any significant progress. His office must either present their case or abandon it entirely."
Dr Besigye and his legal team have remained resolute, citing ongoing delays and the shifting of cases from military tribunals to police and civil courts as a major cause for concern.
Besigye's lead counsel, Medard Ssegona, also questioned the lack of transparency, especially after Kiwanuka’s parliamentary statement claiming to have sent correspondence to the Chief Justice.
“We’ve filed this petition because we are not seeing any movement on the ground. We expect accountability, and if the Attorney General or any government official has issues, they must state them in court,” Ssegona emphasized.
As tensions escalate, the focus remains on whether the legal process will be expedited or if Besigye, Lutale, and other detained persons will remain entangled in what many are now calling a protracted battle over legal procedure.
A final resolution to these cases could have significant implications not only for the detained individuals but for the future of Uganda’s legal framework in handling such high-profile matters.
For now, the “long walk to freedom” remains uncertain, with Besigye’s team urging the courts to expedite the process for justice.