Justice Douglas Singiza and the Controversial Remand of Dr. Besigye
Justice Singiza, after hearing the merits of the case, did not grant Besigye’s release. Instead, he issued an administrative order for his continued detention until February 25, 2025, raising significant concerns over judicial independence and the rule of law in Uganda.
Uganda Today Edition: Justice Douglas Singiza and the Controversial Remand of Dr. Besigye
On February 19, 2025, Uganda’s High Court, presided over by Justice Douglas Singiza, heard an urgent habeas corpus application filed on behalf of opposition figure Dr. Kizza Besigye. This application was necessitated by the February 18, 2025, Parliamentary debate that raised alarm over Besigye’s deteriorating health condition while in detention. Lawmakers and legal analysts underscored the urgency of the matter, given that the Supreme Court ruling on January 31, 2025, had nullified all court martial trials of civilians—including the one that had placed Dr. Besigye under remand.
Despite the apparent urgency and legal precedent set by the Supreme Court, to the shock and dismay of many Ugandans, Justice Singiza, after hearing the merits of the case, did not grant Besigye’s release. Instead, he issued an administrative order for his continued detention until February 25, 2025, raising significant concerns over judicial independence and the rule of law in Uganda.
The Supreme Court Nullification Of Court Martial and Its Implications
The Supreme Court’s landmark ruling on January 31, 2025, declared that the trial of civilians under military court martial jurisdiction was unconstitutional. This decision invalidated the basis for Besigye’s detention, as the remand warrant issued by the nullified court martial was rendered legally void. This, in effect, meant that Dr. Besigye was being held without any valid legal basis, making his continued imprisonment a clear violation of his constitutional rights.
Following this ruling, legal experts anticipated that the High Court would expeditiously rule in favor of Besigye’s immediate release. The application for his release order was originally set to be heard on February 25, 2025, but the outcry in Parliament regarding his health conditions and illegal detention forced the High Court to bring forward the hearing to February 19, 2025.
Justice Singiza’s Decision: A Legal and Political Controversy
Justice Singiza’s ruling came as a shock to many. Instead of ordering Besigye’s immediate release, he directed that he remains in Luzira Prison until the previously set February 25 date. Many Ugandans viewed this decision as legally untenable, particularly given that there was no longer a legal remand warrant to justify Besigye’s incarceration.
Critics argue that this ruling is emblematic of a broader trend in Uganda’s judiciary, where some judges are perceived as serving political rather than judicial interests. Justice Singiza’s ruling has been widely interpreted as an effort to delay Besigye’s release to suit the political calculations of the ruling establishment.
The Sentiment of Ugandans: Is Justice Singiza a Cadre Judge?
Public reaction to Justice Singiza’s ruling has been overwhelmingly negative, with many Ugandans expressing frustration and suspicion over the judiciary’s independence. It is no secret that Uganda’s President Yoweri Museveni has been accused of appointing judges who align with his political agenda. Justice Singiza’s decision to keep Besigye in prison, despite clear legal grounds for his release, has further fueled allegations that he is a ‘cadre judge’—a term used to describe judicial officers who prioritize regime interests over the rule of law.
Legal analysts argue that by failing to uphold the Supreme Court’s decision and ignoring the urgency of Besigye’s health condition, Justice Singiza has reinforced doubts about the impartiality of Uganda’s judiciary. Many believe that his ruling was politically motivated, aimed at preventing Besigye from mobilizing politically upon his release.
What Next for Dr. Besigye and Uganda’s Judiciary?
With Justice Singiza’s decision extending Besigye’s detention, all eyes are on February 25, 2025, when the High Court is expected to rule on the legality of his imprisonment. However, the damage to judicial credibility has already been done. The perception that Uganda’s judiciary is increasingly aligning with the executive’s interests continues to erode public trust in the courts.
As Uganda approaches another political cycle, questions about judicial independence and the role of the courts in upholding constitutional rights will remain at the forefront. Justice Singiza’s handling of this high-profile case may well be remembered as a defining moment in the ongoing struggle for the rule of law in Uganda.
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