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Courtroom in uproar as Besigye’s lawyers push for his immediate release

Opposition figure Dr Kizza Besigye (C), together with his co-accused Samuel Mukaaku, in the dock as defense lawyer Erias Lukwago submits at Buganda Road Chief Magistrate’s Court in Kampala on February 14, 2025. PHOTO/ABUBAKER LUBOWA

What you need to know:

  • The magistrate, unable to deliver a ruling on the day, adjourned the case. 

Lawyers of opposition strongman Dr Kizza Besigye have urgently petitioned the Buganda Road Chief Magistrate’s Court for his immediate release from detention, citing serious violations of his human rights.

Lawyers representing the four-time presidential candidate Dr Kizza Besigye have urgently petitioned the Buganda Road Chief Magistrate’s Court for his immediate release from prison.

Dr Besigye, who appeared before Grade One Magistrate Winnie Nankya on Friday, looked frail due to his ongoing hunger strike, which he initiated in protest of his continued detention despite a January 31 Supreme Court ruling halting the trial of civilians by the General Court Martial.

Friday’s hearing in the Buganda Road Chief Magistrate’s Court was convened to address Dr Besigye’s previous absence from court.

His legal team, led by prominent lawyers Elias Lukwago and Ernest Kalibala, presented an application arguing that Besigye’s rights had been repeatedly violated during his detention.

One of their key concerns was that Dr Besigye had been held at Luzira prison without a valid remand warrant for the past two weeks, following the expiration of the remand warrant issued by the General Court Martial.

They also emphasized that he had been granted bail by Buganda Road Court in 2022 but had not been released.

“The state has failed to inform Dr Besigye of any pending charges,” Lukwago argued.

“The charges from the defunct Court Martial were stopped by the Supreme Court last month, yet he remains incarcerated.”

The legal team also highlighted concerns over Besigye's health, noting that he had been denied access to his personal doctors despite being ill.

“He has not been allowed to see his doctors, and even today, on Valentine’s Day, he was denied the opportunity to speak with his wife, Winnie Byanyima,” Lukwago added, referencing the emotional nature of the day.

The lawyers also raised alarming comments made by President Museveni's son and Chief of Defence Forces, General Muhoozi Kainerugaba, who had stated on X (former Twitter) that “Dr Besigye would only leave prison on Heroes' Day to be hanged.”

The defense team pointed to this statement as a direct threat to their client’s life.

In their application, the lawyers urged the court to refrain from returning Dr Besigye to Luzira, which they described as a “safe house,” and to issue a temporary stay of the trial.

They called for the court to address the human rights violations and hold accountable the Commissioner General of Prisons and the Director of Public Prosecutions (DPP) for their actions.

Uganda's Prisons boss: Why we're still holding Besigye

However, in response, prosecution led by Allan Mucungunzi dismissed the application, arguing that no human rights violations had occurred to justify halting the proceedings.

“Dr Besigye is lawfully held in prison after being granted bail. There is no Supreme Court order that mandates his release,” Mucungunzi stated.

The delay in delivering a ruling on the matter brought an emotional outcry from Dr Besigye’s supporters, who gathered in court. Many were visibly distraught, with some fearing for his life.

“They are going to kill him in prison, just like they did to Ssegirinya,” one supporter was heard saying in tears, referring to the tragic case of another opposition figure.

Opposition figure Dr Kizza Besigye (C), together with his co-accused Samuel Mukaaku (L), prepare to enter the dock at Buganda Road Chief Magistrate’s Court in Kampala on February 14, 2025. PHOTO/ABUBAKER LUBOWA

Magistrate Nankya, unable to deliver a ruling on the day, adjourned the case to February 20, extending Dr Besigye’s bail request until then.

Dr Besigye, together with his co-accused Samuel Mukaaku, faces charges related to their alleged involvement in protests against the skyrocketing cost of living at Kikuubo Shawurayako, a busy business area in Kampala.

Separately, they remain in detention over alleged crimes related to national security.

Besigye appears in court after missing hearing due to ill health