Court orders Muhoozi to produce missing opposition aide Sam Mugumya

The High court in Kampala has ordered the government and the Uganda People’s Defence Forces (UPDF) to produce opposition politician Dr Kizza Besigye’s former aide, Sam Mugumya, who is allegedly being held in military custody.

Mugumya is seeking to represent Rukungiri Municipality in parliament under the People’s Front for Freedom (PFF).

On Friday, Civil Division judge Collins Acellam issued a writ of habeas corpus, directing that Mugumya, reportedly arrested by military operatives in Mbarara on August 26, be presented before a competent court within seven days.

The application was filed by Mugumya’s lawyers under Articles 23(9) and 44(d) of the Constitution, citing provisions of the Judicature Act and Habeas Corpus Rules. In his affidavit, lawyer Tumusiime Kakuru said Mugumya was picked up by security operatives and has since been detained at a military facility in Mbuya, Kampala, under the Directorate of Intelligence and Security (formerly CMI).

The court order is directed against the Chief of Defence Forces (CDF), the Directorate of Intelligence and Security, and the Attorney General. Kakuru and fellow lawyer Kato Tumusiime argued that holding Mugumya in a military facility without charge or court appearance was unconstitutional.

But in response, Lt. Col. Edgar Musasizi, Director of Civil Affairs at the ministry of Defence, denied the claims, saying no official detention facility was holding him and describing the application as “frivolous” and meant to tarnish the UPDF’s image.

Justice Acellam disagreed, stressing the constitutional weight of habeas corpus as a safeguard against unlawful detention.

“This writ is open to all citizens under the protection of the state. It is the solemn duty of state authorities to ensure such rights are upheld,” he said.

The judge ruled that the military’s denial did not sufficiently address the claims surrounding Mugumya’s arrest and disappearance, and ordered the state to produce him in court within seven days.

Mugumya’s tumultuous past

Mugumya, a former student leader and secretary general of the FDC Youth League, rose to prominence in the early 2000s as a close ally of Dr Besigye. He became one of the faces of the Activists for Change (A4C) movement and was central to the Walk to Work protests of 2011, often seen shielding Besigye from police and security brutality.

In October 2014, Mugumya was arrested in the Democratic Republic of Congo (DRC) and charged with illegal entry and plotting rebellion against Uganda. He spent eight years in Ndolo military prison before being released in October 2022.

At the time, DRC officials claimed he had entered the country under pseudonyms to “fight a brotherly government.” Uganda’s repeated requests for his extradition failed due to the absence of a treaty between the two countries.

The Forum for Democratic Change (FDC) made numerous unsuccessful attempts to secure his release. Mugumya’s detention also drew attention at regional level, with lawyer Adam Kyomuhendo petitioning the East African Court of Justice to block DRC’s admission into the East African Community over alleged human rights violations, including his imprisonment without trial.

Mugumya has long described himself as a “hardened crusader for justice and freedom,” citing Besigye and Che Guevara as his role models.