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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KAMPALA. Uganda Law Society (ULS) Extra Ordinary Meeting due this afternoon has been stopped by The High Court in Kampala.

The order issued by Civil Division’s Justice Musa Ssekaana follows a successful application by one of the members of Uganda Law Society Brian Kirima against his professional body where he said he was going to suffer irreparable damages if the meeting goes on.

This the second time the High Court is blocking an extraordinary general meeting called by Uganda Law Society in this year 2024. Last month, the same Court issued an order blocking them from convening to sit and discuss issues related to the management and conduct of Hoima High Court Judge Jesse Byaruhanga Rugyema in the Tilenga Oil Case.

Further, this is the third order being issued against Uganda Law Society by the same Court in this year.

On February 2nd 2024, the Civil Division Judge Boniface Wamala issued an order directing Uganda Law Society to stop sending representatives to statutory bodies without being voted for by all the members . This followed lawyer Steven Kalali ‘s successful petition.

Tuesday’s ruling

The issues that were scheduled by ULS for discussion this afternoon were related to the independence of the judiciary.

This follows a President Yoweri Kaguta Museveni ‘s letter  dated December 7th 2023 to the Chief Justice Alfonse regarding management and handling of the Uganda Muslim Supreme Council property case with businessman Justus Kyabahwa.

Kirima petitioned court adding such meeting could lead to passing of the  resolution that are not only illegal and outrageous but absurd bringing disrepute and embarrassment to the society of which he will suffer as a member.

As such, Kirima noted that Court should grant him a temporary injunction pending determination of his application for judicial review in which he is challenging the legality of such extraordinary meetings of discussing issues he said we’re outside their mandate as lawyers.

In response, ULS through the affidavit of their Secretary Isaac Atukunda, opposed the application saying that section 3(c) of the Uganda Law Society Act mandates the Society to represent, protect and assist members of the legal profession in Uganda as regards conditions of practice and otherwise.

Based on that, Atukunda said the Society  received a petition signed by 17 people and they were satisfied that the petitioners had met the requirements under the ULS Act that warrant convening of an Extraordinary General Meeting.

He said the intended extraordinary general meeting would only discuss and pass resolutions which are within their mandate as provided under the ULS Act.

According to ULS, that the matter raised in the petition for the EGM are matters concerning Rule of Law which they have a mandate to discuss and make resolutions on.

In his ruling  Justice Ssekaana has allowed the application and ordered ULS from going ahead with the decision.

“It has also been shown by the applicant that the balance of convenience of convenience lies in maintaining the status quo and the balance of convenience cannot be ignored in such an application which alludes to breach of law or passing of illegal resolutions which will occasion an irreparable damage or injury, such damage or injury cannot be atoned for or compensated in damages,” said Ssekaana.

He added: “A temporary injunction issues against the respondent, restraining it from calling, convening and arranging an extra ordinary general meeting on requisition of member’s petition until the final determination of the main application (cause).”

Uganda Radio Network has since learnt that the lawyers are planning to hold a protest in form of a boycott of the Judiciary’s upcoming event of New Law Year on Friday.

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