Judge Singiza dismisses Col. Besigye case

24 Feb 2025
Judge Isaac Singiza

KAMPALA. The High Court i Court Judge Dr. Douglas Singiza on the Col. Kizza Besigye and Obeid Kamulegeya case seeking freedom from prison arguing that events and was therefore moot, as the applicants had already been charged at Nakawa Chief Magistrates Court on February 21, 2025.

Besigye, Lutaale, and Captain Denis Oola were remanded until March 7, 2025, as investigations into charges of treason and misprision of treason continue. Prosecutors allege that the trio, while in various cities including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya, and Kampala in Uganda, solicited firearms and financial support and attended meetings with the intent to overthrow the Ugandan government.

Besigye and Lutaale argued that they were being held in illegal detention without valid remand warrants since the Supreme Court’s decision nullified the military court’s power to try them. However, Judge Singiza ruled that the court must take judicial notice of the proceedings where the applicants were formally charged and remanded under Section 56 of the Evidence Act.

In his ruling, Judge Singiza also addressed the personal attacks he faced on social media, stating that while some insults may be tolerable as fair comments, others, including cartoon drawings depicting him as a Nazi judge, were unacceptable and could amount to criminal prejudice. He reaffirmed the judiciary’s independence and urged those engaging in such behavior to reflect on their conduct and stop it.

Besigye and Lutaale’s application was argued by their lawyers, led by Erias Lukwago, Ernest Kalibala, Medard Lubega Sseggona, and Samuel Muyizzi Mulindwa, but was ultimately dismissed. State Attorneys Johnson Natuhwera and Jackie Amusugut represented the government and argued that Besigye and Lutaale were legally detained in Luzira Prison. They explained that the government had already begun implementing the Supreme Court’s decision to transfer files from military to civilian courts.

The government initiated the Supreme Court’s orders on February 3, 2025, by sending letters to the Ministry of Defence and Veterans Affairs (MoDVA), the Director of Public Prosecutions (DPP), and the Chief Justice. The Chief Justice appointed the Principal Judge, Dr. Flavian Zeija, as the liaison contact to handle all matters related to the transfer of files. The Attorney General’s Chambers received a draft decree from former MP Kabaziguruka’s lawyers on February 13, 2025, which was eventually issued on February 18, 2025.

Despite the legal proceedings and government actions, the trio, including Captain Oola, remains in custody as investigations into the charges against them continue. The ruling by the High Court underscores the importance of following due process and respecting the decisions of the judiciary in upholding the rule of law.

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