The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | Winnie Byanyima, the wife of Dr. Kizza Besigye, has petitioned the High Criminal Division of the High Court, seeking the immediate and unconditional release of her husband and his co-accused, Hajji Obeid Lutaale. In the application filed on Wednesday, Byanyima is seeking orders requiring the Attorney General and the Commissioner of Prisons—the only listed respondents—to produce Besigye and Lutaale before the court.
According to the petition, Besigye and Lutaale were abducted from Nairobi, Kenya, on November 16, 2024, and unlawfully transferred to Uganda, where they were reportedly tortured and detained incommunicado at Makindye Military Barracks. Court records indicate that the two were later arraigned before the General Court Martial and charged with treachery and unlawful possession of firearms.
However, lawyers led by Lukwago & Company Advocates argue that the Supreme Court’s January 31, 2025, decision, which declared the trial of civilians before the General Court Martial unconstitutional, renders their continued detention illegal. Despite this ruling, Besigye and Lutaale remain detained without a valid remand warrant, which, according to their lawyers, violates their right to personal liberty.
Byanyima’s affidavit states that “the above Supreme Court decision and orders notwithstanding, the respondents and their agents have continued to illegally detain the applicants at Luzira Maximum Prison without any lawful excuse or valid remand warrant.” She has attached supporting documents, including a copy of the charge sheet and the Supreme Court ruling, to justify the release of her husband.
Byanyima also describes herself as “a female adult Ugandan of sound mind, Executive Director of UNAIDS, former Member of Parliament representing Mbarara Municipality, and the wife of Besigye.” Proscovia Kunihira, one of the applicants’ lawyers, has also sworn an affidavit supporting the application. She argues that the continued detention of Besigye and Lutaale is a clear violation of their constitutional rights.
“The continued illegal detention of the applicants is further infringement upon their rights to personal liberty, among other rights, under the 1995 Constitution. The ends of justice demand that this application be granted,” Kunihira stated. She further contends that the government and prison authorities, through their agents, are detaining Besigye and Lutaale illegally.
According to court records, Besigye and Lutaale were abducted from Riverside, Nairobi, where they had been invited for a book launch by Kenyan jurist Martha Karua. They were then forcibly transported back to Uganda without due process. Prosecutors allege that between February 2023 and November 2024, Besigye, Lutaale, and Captain Denis Oula held meetings in Geneva, Athens, Nairobi, and various locations in Uganda to solicit logistical support and identify military targets with the intent of prejudicing the security of the Uganda People’s Defence Forces (UPDF).
This is not the first time Dr. Besigye has faced trial before the General Court Martial. In 2006, he was charged with treason, rape, and concealment of treason—charges that were later dismissed. Since his entry into politics, Besigye has been arraigned before various courts across Uganda on numerous charges, but no conviction has ever been secured against him. He has consistently claimed that the charges against him amount to political persecution rather than genuine prosecution.
Last week, the Supreme Court, led by Chief Justice Alfonse Owiny-Dollo, ruled that all pending or partially heard cases involving civilians before the General Court Martial must be transferred to civil courts with proper jurisdiction. Following this ruling, the Attorney General informed Parliament on Tuesday that the government is ready to comply and has sought the Chief Justice’s guidance on how the Director of Public Prosecutions (DPP) should facilitate the transfer of files.
However, President Museveni has since expressed dissatisfaction with the ruling, stating that Uganda is “not governed by judges but by the people who are adult enough to participate in voting.” Despite this, Article 92 of the Constitution prohibits Parliament from enacting laws that retroactively alter or overturn judicial decisions in cases that have already been decided. Byanyima’s application now awaits a ruling from the High Court, which will determine whether Besigye and Lutaale will be freed or continue to be held in detention.
****
URN
