The High Court in Kampala has dismissed an application seeking the release of Retired Colonel Dr Kizza Besigye and his co-accused, Obeid Lutale, from prison.
The duo had requested their release following a Supreme Court ruling that banned the trial of civilians in military courts.
In a ruling delivered on Monday, High Court Judge Douglas Singiza said the application was “overtaken by events” and therefore moot.
The judge pointed out that Besigye and Lutale were formally charged on February 21, 2025, at the Nakawa Chief Magistrates Court, rendering their earlier request for release unnecessary.
“The applicants were charged and remanded [by] the Chief Magistrates Court of Nakawa, and this court must take judicial notice of these proceedings as outlined in Section 56 of the Evidence Act,” Singiza explained.
“The application is dismissed with no orders as to costs.”
Besigye, Lutale, and Captain Denis Oola are facing charges of treason and misprision of treason.
Misprision of treason is a crime that involves the deliberate concealment of knowledge about an act of treason without reporting it to the authorities.
It differs from treason itself because the person does not actively participate in the treasonous act but fails to inform the government when they become aware of it.
Prosecutors allege that the three, operating from cities including Geneva, Athens, Nairobi, and Kampala, solicited firearms, financial support, and attended meetings with the intention of overthrowing Uganda's government.
They have been remanded to Luzira Prison until March 7, 2025, as investigations continue.
Besigye and Lutaale argued that they were being held without valid remand warrants, following the Supreme Court's decision nullifying the power of military courts to try civilians.
However, Judge Singiza reaffirmed that their formal charging at Nakawa Court meant their detention was lawful.
“While the court would have wished to address the issues raised, it would be moot to do so in light of the proceedings that have already taken place,” Singiza added.
The defense team, led by prominent lawyers including Erias Lukwago, Ernest Kalibala, Medard Lubega Sseggona, and Samuel Muyizzi Mulindwa, argued unsuccessfully for Besigye and Lutaale’s release.
In contrast, State Attorneys Johnson Natuhwera and Jackie Amusugut, representing the government, maintained that the two were being lawfully held at Luzira Prison.
They emphasized that the Supreme Court ruling only mandated the transfer of files from military to civilian courts, and that the process of implementation was underway.
The Attorney General’s office confirmed that the process began on February 3, 2025, with correspondence between the Ministry of Defence and Veterans Affairs, the Director of Public Prosecutions, and the Chief Justice.
The Chief Justice appointed Deputy Chief Justice Designate Dr. Flavian Zeija as the liaison to handle the transition of cases from military courts.
Despite the legal proceedings, Judge Singiza took time to address personal attacks made against him on social media following his involvement in the case.
The judge condemned certain offensive remarks, including cartoons portraying him as a Nazi judge, and dismissed such allegations as baseless and harmful to his integrity.
“Untrue insinuations were made that I was under the influence of powerful persons in government. Such accusations undermine the credibility of this court,” said Singiza.
“I wish to remind those who engaged in trolling and defamation that courts execute their functions impartially, based on the law and the evidence presented.”
Dr Besigye ended a weeklong hunger strike following his formal arraignment before a civil court. He had taken to fasting to protest his illegal detention by the military court whose judicial powers had been quashed.