By AGGREY BULUBA
KAMPALA – A bird in the cage does not sing out of joy, but out of pain. That seems to be the case for retired Colonel Dr. Kizza Besigye and his co-accused, Obeid Lutale, whose bid for release from prison has been dismissed by the High Court in Kampala.
On Monday, February 24, 2025, Justice Douglas Singiza ruled that their application for release was “moot” since they had already been formally charged in a civilian court on February 21. He explained that once a case is in court, it must follow due legal process, making the request for immediate release unnecessary.
“The applicants were charged and remanded by the Chief Magistrates Court of Nakawa, and this court takes judicial notice of that,” Singiza stated, dismissing the case without awarding costs.
Besigye, Lutale, and Captain Denis Oola face treason charges, with Lutale additionally accused of misprision of treason—failing to report knowledge of treasonous activities. Prosecutors allege the three conspired in Geneva, Athens, Nairobi, and Kampala to acquire weapons and financial support for an alleged attempt to overthrow the government.
Currently detained at Luzira Prison, the trio will remain in custody at least until March 7, 2025, as investigations continue.
Besigye and Lutale’s defense team, led by top lawyers Erias Lukwago, Ernest Kalibala, Medard Lubega Sseggona, and Samuel Muyizzi Mulindwa, argued that their detention was unlawful. They cited a recent Supreme Court ruling that barred the trial of civilians in military courts.
However, state attorneys Johnson Natuhwera and Jackie Amusugut countered that the ruling only required military cases to be transferred to civilian courts—a process already in motion. The Attorney General and other government officials are overseeing the transition, with Deputy Chief Justice Designate Dr. Flavian Zeija appointed to manage the transfer of such cases.
Justice Singiza also addressed social media attacks against him, condemning offensive comments and caricatures portraying him as a Nazi judge.
“Accusations that I was influenced by powerful individuals in government are unfounded. Courts operate based on law and evidence, not public opinion,” he stated.
Before his official court appearance, Besigye had staged a weeklong hunger strike in protest of what he called his illegal detention by a military court. However, he ended his fast after being formally charged in Nakawa Court.
As the legal battle continues, Besigye and his co-accused remain behind bars, awaiting their next hearing in March.
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