Attorney General Opposes Besigye’s Release

Attorney General Kiryowa Kiwanuka through the State Attorneys has strongly opposed the release of Dr. Kizza Besigye and Obeid Lutaale from Luzira Prison, arguing that their detention is lawful and in line with the Supreme Court’s ruling.

This development came after Besigye’s lawyers petitioned the Civil Division Court to order their release, citing the absence of valid remand warrants, and the ailment condition in which Besigye finds himself.

Lead counsel Ernest Kalibala emphasized that Besigye has no pending cases, except one at Buganda Road Court where he was granted bail.

Despite this, Besigye remains in prison, which Kalibala argued is a clear violation of his right to liberty. Moreover, Kalibala noted that neither Besigye nor Lutaale has any criminal charges or case numbers linked to their detention.

Lawyer Medard Lubega Sseggona accused the government of persecuting Besigye and Lutaale, keeping them in indefinite detention without trial.

Sseggona argued that there was no valid case against them and that their continued detention was unlawful and a violation of their fundamental rights.

Kampala Lord Mayor and lawyer Erias Lukwago criticized the Attorney General’s office, calling it “a mere conveyor belt for government directives.”

Lukwago accused authorities of using court appearances as a smokescreen while failing to justify Besigye’s continued detention.

Senior State Attorney Johnson Natuhwera, representing the Attorney General, argued that the key question before the court is not whether Besigye and Lutaale should be released but whether their detention is legally justified. Natuhwera referred to the Supreme Court’s ruling, which he claimed is clear and spans 200 pages.

Natuhwera outlined the steps taken by the government in response to the ruling, including a February 3 letter sent to the Chief Justice and the appointment of Dr. Flavian Zeija as a liaison officer on February 4. Natuhwera emphasized that the Supreme Court did not cancel their remand warrants or order their release.

State Attorney Jackie Amusugut supported Natuhwera’s argument, asserting that the government is complying with the Supreme Court’s decision.

However, her claim that “the Court Martial is still a court” sparked loud protests from the courtroom audience.

The court is expected to set a date for its ruling on the habeas corpus application, with Besigye’s lawyers set to make a brief rebuttal. The ruling is expected by February 25, 2025.