The government has defended the continued detention of Dr. Kizza Besigye, arguing that his imprisonment remains lawful and that the High Court has no authority to overturn a Supreme Court ruling.
This comes as Besigye's legal team intensifies efforts to secure his immediate release, insisting that there are no valid charges against him.
During a court hearing, Attorney General Legal Officer Johnson Nahwera stated that the Supreme Court only ordered Besigye's transfer, not his release.
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He argued that ruling otherwise would amount to contempt of the Supreme Court's decision.
"The issue here is their detention, which remains lawful. This court cannot review a Supreme Court judgment. If the Supreme Court wanted to cancel a remand warrant, it would have explicitly stated so. It did not order their release but only their transfer, meaning it was fully aware of what it was doing," Nahwera told the court.
He dismissed arguments by Besigye's defense team, led by Erias Lukwago, stating that their interpretation of the Supreme Court ruling was misguided.
"Do not be misled by the defense into misinterpreting the orders. The state is acting in the interest of justice. This application is misconceived because the applicants are fully aware of the legal basis of their detention," Nahwera added.
However, Besigye's legal team, represented by Lukwago and lawyer Kalibbala Ernest, pushed back against the state's stance, arguing that the government had failed to justify Besigye's prolonged incarceration.
"There are no charges proceeding anywhere. The burden to justify this incarceration lies with the Attorney General, not the applicants. If there were pending charges, the state would have presented a charge sheet," Kalibbala argued.
Lukwago reinforced this position, emphasizing that Besigye and his co-accused should not remain in detention without valid legal grounds.
"It is our humble prayer that since there is no justification for their imprisonment, the court orders their immediate release. Any continued detention would be a further violation of their rights," Lukwago pleaded.
The hearing comes amid growing pressure from Besigye's supporters, who have taken to the streets in Mbarara, Bushenyi, and Kampala, demanding his freedom.
As court proceedings continue, the question remains whether the judge will side with the government's argument or order Besigye's release, a decision that could have significant political and legal implications.
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