Lawyers demand Besigye release

KAMPALA - Four-time presidential candidate Dr Kiiza Besigye's lawyers are demanding his immediate release.

They say Besigye is a civilian (retired soldier) and that the Supreme Court on January 31, 2025, disbanded the prosecution of civilians in military courts.

A team of lawyers, led by Kenya's former justice minister Martha Karua and Kampala Lord Mayor Erias Lukwago have on Monday, February 3, 2025, heightened demand for the release of their client.

The team started by addressing the media at the Forum for Democratic Change (FDC) Katonga road-based faction outlining their demands.

By press time, the closed-door meeting was still ongoing.

Trial halted

The trial of Besigye and his associate Obeid Lutale before the General Court Martial in Makindye was abruptly put on hold after the Supreme Court stopped all cases involving civilians.

The decision follows last week’s Supreme Court ruling, which declared that the court martial lacks the constitutional authority to try civilians and ordered an immediate halt to such proceedings.

Besigye's lead counsel Martha Karua (Credit: Alfred Ochwo)

Reportedly, lawyers Ernest Kalibbala and Fredrick Mpanga arrived at the court martial where they were bounced after engagements with military officers at the gate.

Despite the judgement, sources within the military court indicated that hearings would be rescheduled for next week, with officials still analysing the judgment’s implications.

A lieutenant stationed at the court martial’s gate confirmed that no civilian suspects would appear before the tribunal on Monday.

It leaves the fate of Dr Besigye and others in limbo even when Lukwago said that the military "has no choice but to release him".

Meanwhile, court martial chairperson Brigadier General Freeman Mugabe arrived under heavy military guard for an internal meeting, where court officials debated the ruling’s impact.

The ruling, delivered on January 31, marked a significant victory for human rights defenders who have long criticised the military court’s role in prosecuting civilians.

Chief Justice Alfonse Owiny-Dollo, in his judgment, emphasized that the Constitution only grants military tribunals jurisdiction over serving soldiers.

“The practice of trying civilians in military courts is inconsistent with the principles of a democratic society governed by the rule of law,” he said.

However, the Uganda People’s Defence Forces (UPDF) have pushed back against the verdict. In a statement shared on social media, Colonel Chris Magezi, the public relations manager in the Office of the Chief of Defence Forces, declared that the army would not release Besigye and vowed that trials of civilians would continue.

President Yoweri Museveni, reacting to the ruling, dismissed the Supreme Court’s decision asserting that Uganda is not governed by judges alone.

His remarks have added to speculation that the Government could resist the transfer of civilian cases to the civilian Judiciary, as mandated by the Supreme Court.