By Spy Uganda
Veteran opposition leader Dr. Kizza Besigye and his aide Hajj Obeid Lutale have been returned to Luzira Maximum Security Prison under tight security following a High Court hearing on their habeas corpus application in Kampala.
The hearing, presided over by Justice Douglas Singiza, stemmed from an application by Besigye’s legal team, seeking an explanation for his continued detention despite a Supreme Court ruling that outlawed military trials for civilians.
Health Concerns Halt Proceedings
During the session, Justice Singiza raised concerns about Besigye’s deteriorating health, stating that he could not proceed with a visibly unwell prisoner.
“This is an administrative order. If a prisoner is sick, I can’t continue with him. He might faint,” the judge remarked.
Consequently, the court ordered that Besigye and Lutale be returned to prison rather than remain in court.
State Justifies Continued Detention
State attorneys defended the continued imprisonment of Besigye and Lutale, arguing that their custody remains lawful since their case has now been transferred to civilian courts.
They further contended that the Supreme Court’s January 31 ruling, which declared military trials for civilians unconstitutional, did not explicitly order Besigye’s release—a stance that directly contradicts the position of his lawyers.
Defense Pushes for Immediate Release
Besigye’s legal team strongly contested the state’s justification for his continued detention, arguing that there is no legal basis for his incarceration.
“My Lord, there are no charges proceeding anywhere. The burden to justify the incarceration lies with the Attorney General, not the applicant. The state has replied, but their response falls short of reason to justify the continued denial of liberties,” stated lawyer Kalibbala Ernest.
He further pointed out that the Uganda Prisons Service had failed to present any legal warrant for Besigye’s continued detention. Additionally, no pending charges or charge sheet were presented to the court to justify his imprisonment.
“The Supreme Court did not say the incarcerated should remain incarcerated, except those who had been convicted,” Kalibbala emphasized.
Besigye’s legal team, led by Lord Mayor Erias Lukwago, insisted that the Attorney General’s arguments lacked legal merit and urged the judge to order Besigye’s immediate release.
“You are clothed with the power to release the applicants today. Find merit in our application and order so,” Kalibbala urged the court.
After hearing submissions from both sides, Justice Singiza stated that the court would require some days to deliver a ruling on the matter.
