Opposition divided ahead of Besigye General Court Martial showdown
Ssegona insists that what the Opposition should do is push for Besigye and Lutale’s unconditional release.
L-R; Ken Lukyamuzi of the Conservative Party (CP) , Maj. Gen. (Rtd) Mugisha Muntu of the Alliance for National Transformation (ANT), Robert Kyagulanyi Sentamu aka Bobi Wine, of the National Unity Platform (NUP), Leader of Opposition (LoP) Joel Ssenyonyi and People's Progressive Party's (PPP) Sadam Gayira. (Photos by Edith Namayanja)
NewVision Reporter
@NewVision
As Col. (rtd) Dr Kizza Besigye and his comrade, Hajj Obeid Lutale Kamulegeya, brace for a showdown tomorrow at the General Court Martial over charges of unlawful possession of firearms, the Opposition finds itself in a conundrum on how best to respond to the politically charged matter.
Longtime Ugandan Opposition leader Besigye was arrested by Ugandan security forces during a visit to Kenya and promptly repatriated to Uganda under dramatic circumstances.
Besigye, a fierce critic of President Yoweri Museveni's government, was in Nairobi to attend a high-profile event where he was set to join the National Rainbow Coalition (NARC-Kenya) leader and former justice minister Martha Wangari Karua for a book launch.
However, his plans were abruptly thwarted when security operatives intercepted him at Riverside Apartments, reportedly while meeting with British associates.
While specific details of the accusations remain unclear, authorities in Kampala, have incessantly alleged that the Opposition figure’s activities were part of a broader scheme to destabilise the country's security.
Among those present was People's Progressive Party's (PPP) Sadam Gayira, Robert Kyagulanyi Sentamu aka Bobi Wine, of the National Unity Platform (NUP), Maj. Gen. (Rtd) Mugisha Muntu of the Alliance for National Transformation (ANT), Ken Lukyamuzi of the Conservative Party (CP) and Justice Forum (JEEMA) founder Kibirige Mayanja, among others.
However, a decision by the above to issue a joint statement calling for Besigye and Lutale’s charges to either be dropped or transferred to the civilian courts is what unsettled Medard Lubega Ssegona (Busiro East, NUP).
Former Leader of Opposition in Parliament Winnie Kiiza.
NUP Secretary General (SG) David Lewis Rubongoya was interrupted mid his speech when Ssegona threw a spanner in the works. Raising concerns about the joint position, he argued it might hand the Government free rein to continue tormenting the duo with seemingly frivolous charges in civilian courts.
The tense situation was salvaged by Leader of Opposition (LoP) Joel Ssenyonyi who framed their stance as a calculated manoeuvre.
“What we have been saying is that if the state has got any case to prefer against any of these people, whether it is Dr Kiiza Besigye or political prisoners, take them to civilian courts. Of course, they normally will run away from civilian courts because they know it will be a lot harder for them to have a tight grip. People are denied bail in the military courts which usually might not be the case with civilian courts,” Ssenyonyi contended.
However, as the exchange persisted unabated, Ssenyonyi pleaded with the senior lawyer, urging him to avoid turning the debate into a back-and-forth spectacle.
He emphasized that the input provided was valuable counsel they could collectively build upon. Yet, for the onlookers, many of whom were aware that Opposition party presidents and MPs had convened in a closed meeting beforehand, the scene raised eyebrows.
It left them questioning the extent of disarray within the Opposition's ranks, casting doubt on their cohesion.
Ssegona speaks out
And yet, Ssegona insists that what the Opposition should do is push for Besigye and Lutale’s unconditional release.
“First of all, there are no charges to begin with because once the charge is illegal, there is nothing. It's a nullity ab initio. You have nothing to transfer. You have nothing to work upon. So, the option available is to discharge the illegal prisoners. They are in prison illegally. They are prisoners of conscience because there is no charge yet. The entire charge is fatally defective. You cannot save it.” Ssegona stated in an exclusive interview with New Vision Online on Monday, December 9, 2024.
Adding that “Once it's a violation of rights, you cannot charge. There is no charge because the first and standard ingredient in any criminal charge is fairness under Article 28 of the Constitution. Without a charge, without fairness as a component, you cannot prove any other ingredient because ingredient, number 1, you have failed. So the best thing is, not to even waste time to transfer.”
Furthermore, he said the court his colleagues are requesting for a transfer, is not supposed to be trying civilians in the first place.
“You can only charge afresh. You cannot transfer a defective charge. So, for me, those are my views. They may sound radical, but they are based on what I know of the law. There's nothing to transfer. Thirdly, how about the territorial jurisdiction? Courts have territorial jurisdiction. In Uganda, you cannot charge somebody for the alleged possession of arms in Kenya, in Riverside, Kenya, in Switzerland,” Ssegona said.
“Because you have no powers over Switzerland. Supposing what you're charging him with is not an offence in that jurisdiction. Maybe the only court without territorial jurisdiction is the General Court Martial because it is not established by law, and territorial jurisdiction is a legal matter. So, because it is a kangaroo establishment, it has no rules. It is not based on any law,” he insinuated.
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