'Supreme Court ruling changed nothing'

KAMPALA - Frustrated by the lack of action, Kampala Lord Mayor and lawyer Erias Lukwago has criticised the government's failure to enforce the Supreme Court ruling that outlawed the trial of civilians in military courts, leaving his clients, including Dr Kizza Besigye, still behind bars.

On January 31, 2025, the Supreme Court, under Chief Justice Alfonse Owiny-Dollo, delivered a judgment nullifying, with immediate effect, the prosecution of all civilians in the General Court Martial and military courts, declaring it unconstitutional.

Despite the ruling, which ordered the immediate transfer of all civilian trials from the General Court Martial to civilian courts, the government has not complied, leaving his clients, including four-time presidential candidate Dr Kizza Besigye, still in prison.

“We have spent over two months now moving up and down in courts, filing applications demanding the release of all prisoners remanded by the Court Martial, but they are still being held illegally,” Lukwago said.

Speaking at Besigye’s office on Plot 6, Katonga Road in Kololo on March 1, 2025, Lukwago lamented that the fruits of litigation must be enjoyed, yet it has become absurd to litigate in vain.

“The judgment from the Supreme Court in the case of former Nakawa Member of Parliament, Michael Kabaziguruka, was a historic landmark in Uganda’s legal history, but it has never borne any fruit,” Lukwago insisted.

“Dr Besigye, his co-accused Hajji Abed Lutale, and lawyer Eron Kiiza have never been released since the ruling. Many others, including National Unity Platform’s Bobi Young and the Karimojong warriors (karacunas) picked from Karamoja sub-region and detained in Kitalya Prison, have not had their files transferred to civilian courts,” he observed.

Lukwago, who is also acting under the opposition pressure group People’s Front for Freedom (PFF), pointed out that the decision was clear, and the government’s failure to comply is a sign of disregard for the rule of law.

“Now we are going back to Nakawa Court on April 4, 2025, for the state to listen to the application to open the phones of both Besigye and Lutale for further investigations in the case,” he noted.

Attorney General Kiryowa Kiwanuka previously stated that the government would comply with the ruling, but so far, no action has been taken.

The Supreme Court ruling was made in response to an appeal by Attorney General Kiryowa Kiwanuka, challenging the 2021 decision of the Constitutional Court.

The Constitutional Court had declared Sections 2, 119, and 179 of the Uganda People’s Defence Forces (UPDF) Act unconstitutional, ruling that Ugandan military courts had illegally tried hundreds of civilians, including opposition politicians and government critics.