The Attorney General has opposed the release of Dr. Kizza Besigye and Obeid Lutaale from Luzira Prison, insisting their detention remains lawful and in line with the Supreme Court’s ruling.
This position was presented before Civil Division Judge Dr. Douglas Singiza after Besigye’s lawyers asked the court to order their release, arguing that both men were being held without valid remand warrants.
Lead counsel Ernest Kalibala stated, “Dr. Besigye has no pending case except one at Buganda Road Court, where he was granted bail.
However, despite this, he remains in prison, which is a violation of his right to liberty.” He also noted that neither Besigye nor Lutaale had any criminal charges or case numbers linked to their detention.
Lawyer Medard Lubega Sseggona accused the government of persecuting Besigye and Lutaale, keeping them in indefinite detention without trial.
“There is no valid case against them. This continued detention is unlawful and a violation of their fundamental rights,” he argued.
Samuel Muyizzi, another lawyer on Besigye’s legal team, cited Article 143 of the Constitution, which prohibits detention without trial. He also challenged the legality of the Court Martial.
“The Court Martial is defunct, and we cannot continue pretending it is functional,” he said, adding that Article 120 bars the Director of Public Prosecutions from handling cases originating from the Court Martial.
Kampala Lord Mayor and lawyer Erias Lukwago criticised the Attorney General’s office, calling it “a mere conveyor belt for government directives.” He accused authorities of using court appearances as a smokescreen while failing to justify Besigye’s continued detention. “They bring Besigye to court, take him back to prison, and offer no explanation,” Lukwago said.
Senior State Attorney Johnson Natuhwera, representing the Attorney General, argued that the key question before the court was not whether Besigye and Lutaale should be released but whether their detention was legally justified.
“The Supreme Court’s ruling is clear, spanning 200 pages. If anyone does not understand it, they are free to seek clarification from the court,” Natuhwera said.
He outlined steps taken by the government in response to the ruling, including a February 3 letter sent to the Chief Justice and the appointment of Dr. Flavian Zeija as a liaison officer on February 4.
“The Supreme Court did not cancel their remand warrants or order their release. If that had been the intention, the court would have said so explicitly,” Natuhwera stated.
State Attorney Jackie Amusugut supported his argument, asserting that the government was complying with the Supreme Court’s decision.
However, her claim that “the Court Martial is still a court” triggered loud protests from the courtroom audience, prompting her to call for the dismissal of the habeas corpus application as premature.
Besigye’s lawyers are expected to make a brief rebuttal before the court sets a date for its ruling, expected by February 25, 2025.
