Court orders detained Besigye to appear and explain his absence

Court has issued a production warrant for detained opposition leader Dr Kizza Besigye to appear at the next hearing and explain his absence in the case against him for inciting violence.

In a letter dated February 11, 2025, addressed to the Buganda Road Chief Magistrate’s Court, Acting Officer in Charge of the Upper Prison, ASP Simon Peter Siima, informed the court that Besigye had declined to attend the session as previously adjourned.

The letter, which was handwritten by Besigye, stated: “This is to inform you that I am currently indisposed and unable to attend court today.”

Upon receiving the letter, Grade One Magistrate Winnie Nankya noted that Besigye's refusal to attend court left her with no choice but to issue a production warrant and adjourn the case.

“This being a matter of personal liberty and considering that he wishes to be present on February 14, I want to ascertain the circumstances behind his refusal to attend today. In his absence, I am unable to proceed with the hearing,” Nankya stated.

Dr Besigye, along with his co-accused Samuel Mukaaku, faces charges related to inciting masses in 2022 to protest the rising cost of living in Uganda at Kikuubo Shawurayako, Kampala.

In a separate case, Besigye and his aide Obeid Lutale remain behind bars, on security-related charges, even as this particular case took a new twist on January 31 when the Supreme Court halted the trial of civilians in military court, raising serious concerns over the legal process.

Earlier on February 11, 2025 prosecution, led by Allan Mucunguzi informed court that a witness summoned for a hearing (in the incitement case) also failed to appear, attributing the delay to Besigye’s absence.

“In light of this, we request a production warrant as the prison authorities are better positioned to explain his absence, given that he is in their custody,” Mucunguzi told court.

Besigye's lawyer, Erias Lukwago, argued that the state is not treating the matter with the seriousness it deserves, regarding Besigye’s absence.

“The state knows very well that he was granted bail, and the last time this case came up, he was brought here on a production warrant due to a pending charge before the General Court Martial. I am sure this court has taken judicial notice of the fact that the trial of civilians before the General Court Martial is illegal. Besigye should be here, but the state is illegally holding him elsewhere,” Lukwago said.

Further, reports indicated that Besigye was supposed to appear in the army court on February 3 but failed to attend.

It was noted that no remand warrant is currently keeping him in custody, and he is being held by the state without clear legal grounds.