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Besigye no show as military deploys at closed Court Martial
Veteran opposition politician, Dr Kizza Besigye's supporters display a poster calling for his release as his lawyer, Erias Lukwago addressed journalists Dr Besigye's office at Katonga Road, Kampala on February 3, 2025. PHOTO/ ABUBAKER LUBOWA
What you need to know:
- The president of the National Economic Empowerment Dialogue (NEED) Joseph Kabuleta and former Rubaga South MP, Ken Lukyamuzi were among the opposition leaders who showed up but were denied access.
Will Dr Kizza Besigye be brought back to the Court Martial or will he not?
That was the one million dollar question that was being asked following the Supreme Court judgment that stopped the prosecution of civilians before the General Court Martial and military courts in Uganda.
Indeed, the General Court Martial neither reconvened earlier today nor were the suspects on remand, including Dr Besigye and his aide Obeid Lutale brought before it.
Soldiers patrol roads near the General Court Martial in Makindye, Kampala on February 3, 2025. PHOTO/ ABUBAKER LUBOWA
No one was allowed access to the heavily-guarded court premises as the gate to the court remained closed with soldiers manning it stopping whoever came close.
READ: Museveni slams Supreme Court over ‘wrong’ decision stopping trial of civilians in military courts
The president of the National Economic Empowerment Dialogue (NEED) Joseph Kabuleta and former Rubaga South MP, Ken Lukyamuzi were among the opposition leaders who showed up but were denied access.
“What brings me here today is to see if the Supreme Court ruling is going to be respected. This is because as soon as the Supreme Court verdict, the President came out with something different, an opinion and so did his son and it looked like there was a bit of a controversy,” Mr Kabuleta said.
He added: “I wanted to see if Dr Kizza Besigye was going to be brought here and officially discharged from this court which was declared unconstitutional to try civilians like himself. So I was here to witness that occasion. One thing that disappointed me much about the events of last week, was when the Supreme Court made its ruling, then the President came out to say it's wrong, I don’t know what was wrong.”
The former presidential candidate went on to advise President Museveni that since his party, the NRM has the majority of MPs in Parliament, he had the choice of changing the laws in Parliament if he didn’t want the Supreme Court ruled.
There were also foot patrols of soldiers along the court premises to avert any chaos from those demanding for their loved ones in light of last week’s Supreme Court judgment.
Soldiers walk near the General Court Martial gate on February 3, 2025. PHOTO/ ABUBAKER LUBOWA
Two of Dr Besigye’s lawyers Fredrick Mpanga and Ernest Kalibaala, were turned away at the gate when they came over to the court.
On January 31, 2025, the Supreme Court led by Chief Justice Alfonse Owiny-Dollo, declared unconstitutional the trial of civilians in the military courts before ordering that their files be forwarded to the civilian courts with competent jurisdiction for further management.
“All charges, or ongoing criminal trials, or pending trials, before the courts-martial involving civilians, must immediately cease and be transferred to the ordinary courts of law with competent jurisdiction,” Chief Justice Dollo ruled in the majority judgment.
Adding: “The provisions of the UPDF Act constituting and providing for the trial procedure of the GCM, the Division Court Martial, and the Court Martial Appeal Court, do not contain any or sufficient constitutional guarantees and safeguards for them to exercise their judicial functions with independence and impartiality, which is a prerequisite for fair hearing provided for under Arts. 21, 28(1), 44(c), and 128(1) of the Constitution.
By press time, the fate of the beneficiaries of the Supreme Court verdict was still unclear on when they would be released.
As of today, it is not clear when the prisons will release the civilians who were being tried by the military courts.
Col Chris Magezi, the military assistant in charge of Public Relations of the Chief of Defence Forces (CDF) posted on his account, vowing that despite the Supreme Court decision, Dr Besigye would not be released from prison until he has faced martial law.
Dr Kizza Besigye's lawyer, Erias Lukwago addresses journalists and other lawyers at their offices at Katonga road, Kampala on February 3, 2025. PHOTO/ ABUBAKER LUBOWA
“The General Court Martial will continue to try anyone who conspires to murder the President, commits armed rebellion against Uganda, and engages in terrorism against the people of Uganda. Under no circumstances will Col. Kizza Besigye be released until he faces the full extent of the martial law” he posted at the weekend on behalf of the army.
He continued: “The final decision on this matter will be taken by the CIC and the chairman of the High Command, Gen Yoweri Kaguta Museveni.”
President Museveni who has been in power for four decades on February 1 described the Supreme Court judgment as a “wrong decision.”
“The Military Courts, helped us to discipline Karamoja. We cannot and will not abandon this useful instrument for stability,” Mr Museveni, 80, posted on his X handle.
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