Judge to Deliver Besigye Freedom Verdict within 5 days

The Attorney General has asked the Highcourt not to release Dr. Besigye and his aide Hajji Obeid Lutale, maintaining the duo is in  legal detention and that the state is doing everything possible to have their case file transfered to a civil court .

Represented by senior state Attorney Johnson Natuhwera, the Attorney General contends that the Supreme Court did not even order for release of any suspect but rather the transfer of files to a civil court.  

He was responding to a Habeas Corpus petition filed by Winnie Byanyima wife to Kiiza Besigye, demanding for his unconditional release following a supreme court ruling that declared the trial of civilians before army courts unconstitutional.

While quoting an affidavit from the commissioner civil litigation George Kalemeera Natuhwera has then read out the steps taken by the Attorney General to implement the orders of the Supreme court including, writing to the Chief justice on 3rd/ Feb requesting for the liason person to transfer the files, to which the CJ designated the principle Judge Flavian Zeija. 

Natuhwera added that given the loads of work that the Attorney General’s office is burdened with, the said instructions were only served to the Ministry of defence and the Director of Public Prosecutions  on 6th / February and the process is Still on-going . 

Natuhwera has then concluded that the civil court cannot purport to review the Supreme Court judgement and that since justice Singiza was not the liason contact appointed, handling this case would amount to usurping the powers of the principle Judge.  

He then advised Besigye’s Lawyers that in any case they misconstrued any of the orders of the Supreme court , they should go back to the same court to seek  clarification .

He asked court to dismiss the application for being misconceived.  

However Besigye’s Lawyer maintains the Supreme Court needed not to issue any orders of release because the mere fact that the charges before the General Court Martial and the warrants keeping both men in prison expired on 3rd / February 2025;

There is no valid warrant from even an LC court signed and sealed  or any lawful sanctioned  charges against Besigye and Lutale to have a case number keeping  them in prison except on the unlawful orders of the Attorney General Kiryowa Kiwanuka. 

The lawyers argue there is no evidence shown that any action has been  taken by the Ministry of defence or  the DPP.  

The advocates have submitted that for the DPP to take over files , a fresh process involving a Complaint being filed by an aggrieved party at a nearest police station and then an arrest is made and the DPP will then have 48hrs to arraign the suspects before court .

They then implored the judge to uphold the Constitution, ignore a delinquent and non-complaint detainer ( AG) and release Besigye  and Lutale who are  already traumatised with being in illegal detention  

Justice Singiza has retired to write his ruling but has given no certainty on the actual date  except assuring them that he will send it electronically before 25th/ February.  

Tentatively Besigye is being held back in  prison despite pleas by his lawyers to transfer him to a health facility to manage him .