Senior lawyers Martha Karua and Erias Lukwago have filed a habeas corpus application at the High Court, seeking the immediate release of opposition leader Dr. Kizza Besigye and his aide, Obeid Lutale. The two have been detained despite a Supreme Court ruling that stripped the General Court Martial of the power to try civilians.
The lawyers argue that Besigye and Lutale’s continued detention is illegal, as the warrant for their custody expired on Monday. “There is no lawful justification for holding them any longer,” Lukwago stated outside the court. “We are here to demand that the law be upheld and our clients be released immediately.”
The Supreme Court recently ruled that military courts have no jurisdiction over civilians and ordered that pending cases be transferred to the Director of Public Prosecutions (DPP). However, Attorney General Kiryowa Kiwanuka told Parliament that the Uganda Prisons Service had been advised not to release the detainees until directed by a competent court.
The legal team insists that this stance defies both the Supreme Court ruling and constitutional rights. “The state cannot arbitrarily detain individuals without legal basis,” Karua emphasized. “This is a test of the rule of law in Uganda.”
Supporters of Besigye gathered outside the High Court, demanding his release and accusing the government of using judicial loopholes to suppress dissent. The opposition leader, a longtime critic of President Yoweri Museveni’s administration, has been arrested multiple times on politically motivated charges.
The High Court is expected to hear the application soon. If granted, the order would compel the authorities to present Besigye and Lutale before a judge to determine the legality of their detention. The case has sparked renewed debate over judicial independence and human rights in Uganda.
