The Kampala High Court Civil Division Judge Collins Acellam has issued a writ of habeas corpus directing the Chief of Defence Forces (CDF) Gen. Muhoozi Kainerugaba, directorate of intelligence and security and the Attorney General Kiryowa Kiwanuka to produce opposition politician Sam Mugumya Dead or Alive before a competent court within seven days .
In a ruling made on Friday, Judge Acellam ordered for the release of Besigye’s former aide Mugumya who was allegedly arrested by military operatives on August 26th in Mbarara City and is currently detained at Mbuya, in Kampala by the directorate of intelligence and security.
In his affidavit, Mugumya’s lawyer Tumusiime Kakuru notes that Mugumya who is seeking to represent Rukungiri Municipality in parliament under the People’s Front for Freedom (PFF), is unconstitutionally being held in the military facility without charge or court appearance.
He further noted that Mugumya’s alleged detention at Mbuya is illegal, arbitrary and a blatant abuse of his fundamental rights.
In response, the Director Civil Affairs at the Ministry of defence, Lt Col Edgar Musasizi denied the accusations terming it as misconceived and devoid of merit as the allegations are unfounded.
Musasizi added that he personally cross-checked with all the gazetted detention facilities under the control of the respondents and confirmed that the Mugumya is not and has never been in the custody of the directorate, CDF or Attorney General.
Musasizi further noted that the application by Counsel Kakuru is frivolous and calculated to tarnish the reputation of the respondents rather than vindicate any genuine infringement of Mugumya’s rights.
However Judge Acellam disagreed with Lt Col Musasizi’s submission noting that a Writ of habeas corpus is open to all citizens as a safeguard against unlawful detention.
“It is clear from the Affidavit in reply that the whereabouts of the Applicant is unknown but suspectedly being detained by the respondents, it’s only fair that the same ought to be ascertained and inquired into by the Attorney General” he said.
He added, “The applicant prayed for a Writ of Hobeos Corpus Ad Subjiciendum, directing the Respondent to produce the body of the Applicant”.
Judge Acellam further noted that he found it imperative that Mugumya’s personal liberty is preserved and protected by any means possible since no evidence had been produced as to whether the Mugumya is legally detained and was arraigned before a competent court.
“From the foregoing, this application is hereby granted and an order of o writ of hobeos corpus ad subjiciendum is hereby issued directing the Respondents to produce the Applicant within 7 days before a competent court from the date of this ruling. No orders as to costs. I so order” judge Acellam said.
Mugumya rose to fame as a trusted aide of Rtd Col Dr Kizza Besigye, was a key figure in the Walk to Work protests of 2011, often seen shielding Besigye from police and security brutality.
Mugumya was arrested in 2014 In October 2014, Mugumya was arrested and detained in the Democratic Republic of Congo (DRC) for eight years at Ndolo military prison over illegal entry and plotting rebellion against Uganda charges before being released in October 2022.
