Jailed opposition leader Dr. Kizza Besigye, in a surprise twist of events, has refused to appear before the Buganda Road Grade 1 Magistrates Court. This was communicated in a handwritten letter brought to court by Uganda Prisons, which left his legal team and the court in shock. Dr. Besigye is one of Uganda’s most outspoken politicians, currently facing trial over his alleged incitement to violence on the streets following a protest he led back in June 2022 against the increased prices of essential commodities. The letter, which was brought before Senior Principal Grade One Magistrate Winnie Nankya Jatiko, showed that Dr. Besigye was not ready to attend the hearing of his case. Magistrate Jatiko said the letter would be shared with the defence team after the court session. The sudden turn of events left the Besigye legal team, led by renowned lawyer Erias Lukwago, shell-shocked and left wondering how the letter was delivered.

Lukwago expressed his amazement and frustration that no officer of the prison services had shown up at court to explain this development.

“It was so strange! There was nobody from prisons we saw in court. Even the guy who delivered the letter was even casually dressed. Prosecution never explained, then it saw the release of the letter coming from somewhere,” he exclaimed. That, however, set up a complete lack of clarity over the clarity of the procedure and the circumstances of detention under which Dr Besigye was being held and the court hearings were dominated by questions over why Dr Besigye, the first accused A1 in that case had failed to appear. Lukwago said a production warrant—a court order to bring a prisoner to court—would not be necessary since, in his opinion, Dr. Besigye is being detained illegally.

He referred to a Supreme Court judgment that had previously ordered Besigye’s release after ruling that civilians should not be tried in military courts. The four-time presidential candidate has been in Luzira Prison since his arrest in Kenya on November 16. Lukwago said that the opposition leader’s lawyers had not heard from him since Friday, although they had received daily updates before then. He termed Luzira Prison as a “safe house” and not a lawful detention facility, saying that there is no court order that keeps Dr. Besigye in prison. He subsequently announced that the lawyers would make two major moves in response to the development. First, they would file an application for a habeas corpus order from the High Court, requiring the authorities to explain why Dr Besigye is being detained.

They would also write to the Commissioner General of Prisons requesting access to see Dr Besigye the next day.

These actions are intended to cast light on the conditions of his detention and that his legal rights be preserved. It wasn’t all smooth sailing for the prosecution either. During the session, they were unable to present a star witness they had said would appear. Prosecutors said they expected the witness but did not know why he didn’t appear in court. They said they will investigate why. That was another delay in the proceedings and only added to confusion and frustration in the courtroom. The matter has been adjourned to February 14, 2024, amidst a promise by Magistrate Nankya that a production warrant for Dr. Besigye, to ensure his presence in court, would be issued. But the move has instead been received with skepticism by the defence, who assert that the warrant is not necessary given the Supreme Court ruling on the matter. Dr. Besigye’s failure to appear in court reflects deepening tension between the opposition and the government in Uganda. His case involves the leading of protests in June 2022, when he, together with his fellow opposition leader Samuel Lubega Mukaaku, was said to have asked members of the public to show their dissatisfaction against the increase in the cost of living. This is said to be intended to incite people into violence to destroy property. The case has attracted a lot of attention, not only because Dr. Besigye is a high-profile figure, but also due to the greater implications on the freedom of expression and political dissent in Uganda. Many view the charges as a means of silencing opposition voices and stifling criticism against the government.

While the court case rages on, the focus still remains on having Dr. Besigye’s rights preserved, with the case being transparently and fairly conducted. This February 14, the next court date will mark a very significant moment in this unfolding drama as both sides go into overdrive for the next phase of these proceedings.

Meanwhile, Dr. Besigye’s supporters and human rights activists have been demanding his release and an end to what they termed political prosecution. The case has highlighted the challenges faced by opposition figures in Uganda and the need for adherence to the rule of law in a democratic society.

The result of this case, watched closely by the nation, may have wide-ranging implications for Uganda’s political landscape and for the future of dissent in the country. For now, Dr. Besigye’s handwritten letter remains a symbol of defiance and an ongoing struggle for justice and accountability in Uganda.