As Uganda prepares to mark Heroes’ Day, attention has returned to explosive statements allegedly made by Chief of Defence Forces General , prompting jailed opposition leader Dr. to seek judicial intervention.
More than a year ago, General Muhoozi is said to have posted on X (formerly Twitter) that: “We will hang KB on Heroes’ Day. That’s the best day for him to die.” The remark is now central to Besigye’s fresh High Court application challenging the legality of the criminal case against him.
Rather than resigning to the fate described in the alleged post, Besigye and his co-accused Hajji Obeid Lutale are fighting back, asking the courts to halt the ongoing treason and misprision of treason proceedings.
The legal team argues that the prosecution has been tainted by a series of constitutional violations, including alleged unlawful abduction, torture, prolonged detention, and public statements prejudging the case.
Besigye, who remains on remand with Lutale, claims that the criminal charges cannot be separated from the manner in which he was arrested and treated, as well as from statements made by the Chief of Defence Forces.
The application names General Muhoozi, Colonel Peter Ahimbisibwe, Lieutenant Colonel Ephraim Byaruhanga, and the Attorney General as respondents, asserting that constitutional rights were violated before they were formally produced in court.
Central to the application is the claim that Besigye and Lutale were unlawfully taken from Nairobi, Kenya, on November 16, 2024, without following legal extradition procedures.
The applicants are asking the High Court to declare the alleged operation by Ugandan military officers illegal, arguing that all subsequent criminal proceedings are therefore null and void.
Further, they contend that after arriving in Uganda, they were held at Makindye Military Barracks under conditions that violated protections against arbitrary detention and torture.
Court documents indicate that both were attending a book launch organized by Kenyan lawyer Martha Karua in Nairobi when they were allegedly seized.
They claim they were transported incommunicado to Uganda for four days, during which they were denied access to lawyers, family, and medical care before appearing before the General Court Martial.
The defence also cites the Supreme Court ruling in Attorney General v. Michael Kabaziguruka, which restricts trials of civilians in military courts, arguing that the proceedings against Besigye and Lutale contravene this precedent.
A major part of the application focuses on a series of posts allegedly made by Gen Muhoozi, which the applicants claim prejudged the case and violated their right to a fair trial.
Among the posts cited is the January 16, 2025 message threatening to hang Besigye on Heroes’ Day, which is described as the “best day for him to die.”
Another post, allegedly from February 19, 2026, labeled Besigye a “dead man walking” because he “wanted to kill Mzee,” while an April 2026 post allegedly threatened: “I think we might hang Besigye by next month. If we don’t hang him, we will shoot him dead. That will be a great day for Uganda.”
Other statements attributed to the CDF suggested that Besigye would leave prison “only in his coffin after we hang him or shoot him” or after apologizing to President Museveni, and would not be released until subjected to “the full extent of martial law.”
The defence argues that these statements amount to extrajudicial threats, public prejudgment of guilt, psychological torture, and interference with judicial independence.
They maintain that the comments undermine the constitutional presumption of innocence and risk influencing judicial proceedings.
Besigye and Lutale are requesting orders to halt the criminal proceedings, nullify the case, and secure their unconditional release, in addition to medical treatment and rehabilitation for alleged torture.
The application comes as the treason case continues before Justice Emmanuel Baguma, with proceedings marked by disputes over assessors, access to the accused, and procedural disagreements ahead of the first prosecution witness scheduled for June 11, 2026.
Meanwhile, a Bush War general has reportedly advised Besigye to negotiate with President Museveni, suggesting limited options remain, a counsel that has stirred debate as the political and legal battle unfolds.
As Uganda watches closely, Besigye’s legal challenge underscores tensions over human rights, political freedoms, and the role of military authority in civilian criminal proceedings, with the High Court’s ruling expected to have far-reaching implications.
About the Author
