Why High Court deferred ruling in habeas corpus case for Besigye, Lutale and Eron Kiiza

Kampala, (UG):- The High Court in Kampala yesterday postponed its ruling on a habeas corpus application seeking the release of veteran oppositional leader, Col (Rtd) Dr Kizza Besigye, his aide Obeid Lutale, plus their lawyer Eron Kiiza, leaving them in detention until February 25, 2025, when it will make its ruling on the case.

During the Wednesday, February 19 proceedings, Besigye’s lawyers urged the court to grant him temporary release to seek better medical care outside Luzira Prison, where he has been detained since November 2024.

“Prison authorities should take back Col Kizza Besigye and Obeid Lutale and remain with the lawyers and proceed with the habeas corpus application,” Justice Singiza ruled.

Justice Singiza acknowledged that Besigye had been presented in court but noted that the key issue remains whether his continued detention is unlawful. This follows government delays in implementing a Supreme Court ruling from January 31, which declared the trial of civilians in the General Court Martial unconstitutional and ordered their cases transferred to civilian courts.

Opposition Leaders React

Following the Wednesday court session, the National Unity Platform (NUP) President Robert Kyagulanyi, alias Bobi Wine, condemned the judge’s decision, calling it political persecution.

Speaking outside the courthouse alongside Dr. Besigye’s wife, Winnie Byanyima, and members of his legal team, Kyagulanyi urged Ugandans to intensify pressure on the regime for Besigye’s release.

“The cadre judge and the regime are persecuting Dr. Kizza Besigye and other political prisoners in the name of prosecution. My only call to Ugandans here and abroad is to continue exerting pressure. We’re not going to stop. We gave the regime 48 hours to release Dr. Besigye because we want him alive. They are trying to kill him,” Kyagulanyi said before heading to NUP headquarters, where opposition leaders held prayers for Besigye and other detained activists.

” I call upon Ugandans to stand for Dr. Besigye and all other political prisoners who are illegally incarcerated,” he added.

Meanwhile, Besigye’s wife, Ms. Winnie Byanyima, also expressed disappointment over the court’s refusal to grant her husband temporary freedom for medical treatment. “I came here expecting to take Dr. Kizza Besigye home today. I’m devastated but I’m not surprised,” she expressed.

“Besigye is a captive. He was kidnapped, and he’s in captivity as we all are. Museveni has put all of us in captivity. Shame on this cadre judge for sending my husband back to jail when his health is deteriorating fast. But it’s all on President Museveni and his son [Gen. Muhoozi Kainerugaba], who is the chief of the army, who are holding all of us captive. We must liberate ourselves. Enough is enough,” added Byanyima, who also serves as UNAIDS Executive Director.

Dr. Kizza Besigye and his aide, Hajj Obeid Kamulegeya were abducted from Nairobi, Kenya, in November 2024 and smuggled back to Uganda. The two were later arraigned before the General Court Martial in Makindye, Kampala, and charged with illegal possession of firearms.