The High Court of Uganda has dismissed a habeas corpus application filed on behalf of Rtd. Col. Dr. Kizza Besigye and Haji Obeid Lutale, who were arrested in Nairobi, Kenya, and later transferred to Uganda.
The two opposition figures had sought immediate release, arguing that their continued detention was illegal following a Supreme Court ruling that nullified the trial of civilians before military courts.
The ruling, delivered by Hon. Justice Dr. Douglas Karekona Singiza, found that the applicant’s detention was not unlawful, given that they had since been formally charged in a civilian court. The judge further noted that events had overtaken the matter as the applicants were presented before the Nakawa Chief Magistrates Court in Criminal Case No. 285/2025 and duly remanded.
Dr. Besigye and Haji Lutale were arrested on November 16, 2024, in Riverside, Nairobi, and transferred to Uganda, where they were allegedly detained incommunicado at Makindye military barracks for three nights. On November 20, 2024, they were arraigned before the General Court Martial (GCM) and charged with security-related offenses, including treachery and unlawful possession of firearms and ammunition.
The case took a significant turn on January 31, 2025, when the Supreme Court ruled in Attorney General v Hon. Michael Kabaziguruka (Constitutional Appeal No. 2 of 2021) that the trial of civilians before the military court was unconstitutional. The ruling directed that all ongoing or pending cases involving civilians before the General Court Martial be transferred to civilian courts**.
Despite this ruling, the applicants argued that they remained unlawfully detained in Luzira Maximum Security Prison, without a lawful remand warrant or fresh criminal charges. Their legal team, led by Lord Mayor Elias Lukwago, Hon. Medard Ssegona, Ernest Kalibbala, and Samuel Muyizi, petitioned the High Court, seeking an order compelling the Attorney General and Commissioner General of Prisons to release them.
The Attorney General’s office, represented by Senior State Attorney Johnson Natuhweera and State Attorney Jacky Amusugut, opposed the application. They acknowledged the Supreme Court ruling but argued that its implementation was in progress. They outlined a series of administrative steps taken to transfer the case files from the military court to the civilian judicial system, including communication between the Ministry of Defense, the Directorate of Public Prosecutions (DPP), and the Chief Justice.
Furthermore, they contended that the Supreme Court’s ruling did not explicitly order the immediate release of Besigye and Lutale but only required that their cases be handled by civilian courts with competent jurisdiction.
The key arguments in court on the Applicant’s side; The applicants argued that, since the Supreme Court nullified the GCM’s jurisdiction, all previous remand warrants had expired, making their detention illegal.
Violation of Constitutional Rights, in their application they cited Article 23 of the Constitution, which guarantees personal liberty and limits detention without trial.
Lack of Fresh Charge is also another argument, they contended that there was no valid criminal case against them before any competent court and Administrative Delays, the Applicant’s lawyers dismissed the government’s claim that steps were being taken to transfer their files, arguing that their continued detention was merely a political tactic.
While the state in their argument stated that, the Attorney General’s representatives insisted that the transition from military to civilian jurisdiction was ongoing and that the detainees remained in lawful custody.
They also informed the court that the past military court decisions could not be automatically erased and that new legal proceedings were required.
Formal Charges Filed, they respondents noted that on February 21, 2025, the applicants were charged in Nakawa Chief Magistrates Court, rendering the habeas corpus petition moot.
Justice Singiza ruled that the application was moot since the applicants had already been formally charged and remanded by a civilian court. He emphasized that a writ of habeas corpus only applies where no lawful detention exists, and in this case, the new remand order superseded the original military court process.
With the dismissal of the habeas corpus petition, Dr. Besigye and Haji Lutale will remain in custody as their case proceeds in the civilian court system. Their legal team is expected to challenge the new charges in Nakawa Court, arguing that their detention is still politically motivated.
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