Opposition figure Dr Kizza Besigye (R) and his co-accused Obeid Lutale appear in the Makindye General Court Martial dock in Kampala on January 7, 2024. PHOTO/ABUBAKER LUBOWA
Following the landmark decision of the Supreme Court last Friday, defence lawyers of remanded politician Dr Kizza Besigye have vowed not to step at the Makindye-based General Court Martial, reasoning the court no longer exists.
Mr Erias Lukwago argues that by appearing this morning before Brig Gen Mugabe's court, they will be sanitising it and yet the Supreme Court verdict left it toothless.
“What is left there, ...it’s nothing, it’s hollow because they have no legal basis. The court even ruled that they were not qualified to handle criminal cases; literally, they were told to close up. Tomorrow (today), they will have an official closing ceremony and say bye-bye and release Dr Besigye,” Mr Lukwago told Monitor by telephone yesterday.
He added: “Tomorrow (today), we (defence lawyers) shall be sitting at Katonga Road offices and come up with the way forward. We shall not go to a non-existent court. What is left is a disciplinary committee for their service men and women the way you see that of police and prisons.”
Dr Besigye alongside his aide Obeid Lutale is expected to be brought back to the military court today, according to the remand notice of last month.
When asked whether they have since notified the prisons to release Dr Besigye as per the Supreme Court decision, Mr Lukwago said they had written to them last Friday.
“The prisons are now holding Dr Besigye illegally. We communicated to them on Friday, and they responded that they are awaiting orders from the court that remanded him,” he said.
He further explained that it is now the Attorney General or the line Justice minister to communicate the effect of the decision of the Supreme Court to the prison authorities to release the beneficiaries of the Supreme Court judgement and not the General Court Martial as it is now non-existent.
Likewise, Constitutional lawyer Peter Walubiri last evening said the Commissioner General of Prisons, Dr Johnson Byabashaija, is acting in contempt of the court orders and should be arrested.
“The commissioner of prisons is currently keeping Dr Besigye and others in that category illegally. By Friday evening, Byabashaija should have released them. He is now already in contempt of court. If the court martial purports to sit on Monday (today), they should be arrested and taken to the nearest police station,” counsel Walubiri said.
Prof Christopher Mbazira, the lead lawyer for jailed lawyer Eron Kiiza, equally, said as his legal team, they will today commence the process of extracting the court orders to have their client released from prison.
Mr Kiiza, one of defence lawyers of Dr Besigye was last month summarily sentenced to nine months in jail by the chairman of the General Court Martial Brig Gen Robert Freeman Mugabe for contempt of court.
At the last appearance at the General Court Martial, Dr Besigye and Lutale had refused to plead to the new charge of treachery, arguing that the same court didn’t have jurisdiction to try civilians.
Last Friday, the Supreme Court led by Chief Justice Alfonse Owiny-Dollo, declared the trial of civilians in the military courts as unconstitutional and ordered 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 receiving a thunderous uproar from the curious opposition politicians and human rights activists present in court.
He added: “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.”
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 X account, vowing that despite the Supreme Court decision, Dr Besigye would not be released from prison until he faced martial law.
“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 said.
Col Magezi added: “The final decision on this matter will be taken by the CIC and the chairman of the High Command, Gen Yoweri Kaguta Museveni.”
Efforts to reach out to Mr Frank Baine, the spokesperson of the prisons, on the matter were futile as his known cell phone number was not available by press time.
