Erias Lukwago, the Lord Mayor and lead counsel for Dr. Kizza Besigye and Hajji Obeid Lutale, has voiced his dismay over the handling of the habeas corpus hearing for his clients at the Civil Division of the High Court on Wednesday.
Lukwago expressed frustration that the court failed to deliver an immediate ruling despite the presentation of compelling legal arguments and authorities supporting the urgency of the matter.
“We made our submissions, and the judge listened to us. We appreciate that he examined the circumstances under which our clients were detained, in violation of a Supreme Court directive. However, we are leaving the court premises without a remedy or decision, which is deeply disappointing,” Lukwago stated.
He further lamented the lack of clarity on when a ruling might be issued. “To make matters worse, we have not been given any indication of when the decision will be delivered. We were instructed to write to the judge tomorrow to request a date for the ruling. This is baffling, as the judge could have at least provided a timeline,” he added.
The hearing comes after Dr. Besigye, who appeared visibly unwell at the Buganda Road Magistrates Court last week, was ordered to be presented before the Civil Division of the High Court on Tuesday. This followed a Supreme Court panel led by Chief Justice Alfonse Owiny-Dollo, which ruled that all cases involving civilians being tried in military courts must cease immediately and be transferred to civilian courts.
Chief Justice Owiny-Dollo emphasized the importance of fair trials, noting that civilian judges swear allegiance to the Constitution, while military judges pledge loyalty to their commanders. He also raised concerns about the lack of professional legal training among military judges, comparing the appointment of unqualified judges to allowing an untrained individual to perform surgery.
Lukwago criticized the government for using bureaucratic delays to violate constitutional rights.
“They are hiding under bureaucracy to continue violating the rights of prisoners of conscience. We will regroup and determine our next course of action to seek a remedy while awaiting the court’s decision. However, we leave the court premises devastated,” he said.
National Unity Platform president Kyagulanyi Ssentamu condemned the proceedings, describing them as persecution rather than prosecution.
“What happened in court today was not prosecution; it was persecution. Dr. Besigye should not be sent back to prison, given his current health condition. This is a cadre judge, and this regime is persecuting Dr. Besigye and other political prisoners under the guise of prosecution. I urge Ugandans at home and abroad to exert pressure, as this regime only responds to pressure from its citizens,” he asserted.
Dr. Winnie Byanyima, Dr. Besigye’s wife, expressed shock that her husband was sent back to Luzira Prison despite his poor health. “I am surprised that this cadre judge has sent my husband back to Luzira in his current state. It is President Museveni and his son, the Commander-in-Chief, who continue to hold my husband and all Ugandans captive. We must stand up and say, ‘Enough is enough,'” she said.
The Civil Division of the High Court, presided over by Judge Douglas Karekoona Singiza, has set a deadline of February 25 to rule on the case involving Eron Kiiza. This will follow the submission of required documents by the legal teams of Eron Kiiza and Dr. Kizza Besigye to the Attorney General, along with an application for Judicial Review.
The case has drawn significant attention from activists, rights groups, and political figures, who continue to call for justice and the protection of constitutional rights.
