Dr Kizza Besigye’s and Obeid Lutale’s lawyers stormed the Uganda Prisons Services in Luzira to demand their clients’ unconditional release.
The marching of this legal team led by the Kenyan High Court Advocate Martha Karua followed the Friday ruling of the Supreme Court, which banned the trial of civilians before military courts.
Dr Besigye, who has appeared before the General Court Martial in Makindye since November 21, 2024, was supposed to reappear today, but neither he nor the court judges were available at the heavily guarded premises.
‘’We are here to demand the release of Dr Besigye and Hajji Lutale,” said some of the lawyers.
On Friday last week, a panel of six Supreme Court judges unanimously ruled that trying civilians in military courts is illegal since this court was created to discipline soldiers.
Led by Chief Justice Alfonse Owiny-Dollo, the Supreme Court declared unconstitutional the trial of civilians in the military courts before ordering that their files be forwarded to the civilian courts with competent jurisdiction for further management.
“All charges, or ongoing criminal trials, or pending trials, before the courts-martial involving civilians, must immediately cease and be transferred to the ordinary courts of law with competent jurisdiction,” Chief Justice Dollo ruled in the majority judgment.
Adding: “The provisions of the UPDF Act constituting and providing for the trial procedure of the GCM, the Division Court Martial, and the Court Martial Appeal Court, do not contain any or sufficient constitutional guarantees and safeguards for them to exercise their judicial functions with independence and impartiality, which is a prerequisite for fair hearing provided for under Arts. 21, 28(1), 44(c), and 128(1) of the Constitution.
A day after this ruling came out, Col Chris Magezi, the military assistant in charge of Public Relations of the Chief of Defence Forces (CDF) posted on his account, vowing that despite the Supreme Court decision, Dr Besigye would not be released from prison until he has faced martial law.
“The General Court Martial will continue to try anyone who conspires to murder the President, commits armed rebellion against Uganda, and engages in terrorism against the people of Uganda. Under no circumstances will Col. Kizza Besigye be released until he faces the full extent of the martial law” he posted at the weekend on behalf of the army.
“The final decision on this matter will be taken by the CIC and the chairman of the High Command, Gen Yoweri Kaguta Museveni.”
This was followed by President Museveni who in the Sunday statement said the military court are good instrument to punish civilians who pick guns to use for wrong reasons.
“The Military Courts, helped us to discipline Karamoja. We cannot and will not abandon this useful instrument for stability,”
At the military court this morning, no one was allowed access to the heavily guarded court premises as the gate to the court remained closed with soldiers manning it stopping whoever came close.
The president of the National Economic Empowerment Dialogue (NEED) Joseph Kabuleta and former Rubaga South MP, Ken Lukyamuzi were among the opposition leaders who showed up but were denied access.
“I wanted to see if Dr Kizza Besigye was going to be brought here and officially discharged from this court which was declared unconstitutional to try civilians like himself. So I was here to witness that occasion. One thing that disappointed me much about the events of last week, was when the Supreme Court made its ruling, then the President came out to say it’s wrong, I don’t know what was wrong.”
