The absence of Dr. Kizza Besigye at the General Court Martial today has intensified speculation about his legal fate following the landmark Supreme Court ruling that declared the trial of civilians in military courts unconstitutional.
Despite expectations, the General Court Martial did not reconvene, and Dr. Besigye, along with his aide Obeid Lutale, both held on remand, were not presented before the court.
This development has fueled questions about whether Dr. Besigye will be formally discharged from the military court system as mandated by the Supreme Court.
Prominent opposition figures, including Joseph Kabuleta, President of the National Economic Empowerment Dialogue (NEED), and former Rubaga South MP Ken Lukyamuzi, arrived at the court premises hoping to witness Dr. Besigye’s discharge. However, they were denied access.
“I came here to see if the Supreme Court ruling would be respected,” Mr. Kabuleta stated.
“After the ruling, the President and his son expressed differing opinions, creating confusion. I wanted to see Dr. Kizza Besigye officially discharged from this court, which has been declared unconstitutional for trying civilians.”
Adding to the tension, there was a heavy military presence around the court to prevent potential unrest from supporters demanding the release of their loved ones affected by the Supreme Court judgment.
Even Dr. Besigye’s legal team, including lawyers Fredrick Mpanga and Ernest Kalibaala, were denied entry.
The Supreme Court ruling on January 31, 2025, led by Chief Justice Alfonse Owiny-Dollo, unequivocally stated that all civilian cases pending in military courts must cease immediately and be transferred to civilian courts with proper jurisdiction.
“The provisions of the UPDF Act do not offer sufficient constitutional guarantees for judicial independence and impartiality, which are essential for a fair hearing,” the Chief Justice emphasized in his majority ruling.
However, the implementation of this ruling remains uncertain. Col. Chris Magezi, military assistant in charge of Public Relations for the Chief of Defence Forces, declared that Dr. Besigye would not be released until he faces trial under martial law, defying the Supreme Court’s directive.
“The General Court Martial will continue to try individuals accused of serious offenses against the state. Dr. Besigye will not be released until he faces the full extent of martial law,” Col. Magezi asserted.
President Yoweri Museveni, who has held power for over four decades, also dismissed the Supreme Court’s decision, labeling it a “wrong ruling.” In a statement posted on February 1, he defended the military courts as essential tools for maintaining national stability.
“The Military Courts helped us discipline Karamoja. We cannot and will not abandon this useful instrument for stability,” Museveni stated.
As of now, the fate of Dr. Kizza Besigye and other civilians affected by the Supreme Court verdict remains unclear, leaving a cloud of legal and political uncertainty hanging over Uganda.
