On two separate occasions former Forum for Democratic Change (FDC) party presidential candidate Dr. Col. Kizza Besigye has told court that he will not be returning for mention of his case because it is both inconveniencing and expensive for any person to attend court for eternity.
The state seems to be comfortable keeping Besigye a “prisoner out of prison” by charging him and then asking for more time to investigate.
In May last year, Dr. Besigye was brutally arrested and exiled to Moroto before he was returned to be charged for treason at Nakawa court. Besigye later applied for bail on ground of advanced age. The bail was granted on a number of conditions including availing himself to court whenever required.
On another incident in Besigye together with Lord Mayor Lukwago, MP Munyagwa then Mayor of Kawempe and DP President-Western Uganda Makumbi Muhwezi were arraigned before Kabale court for allegedly inciting violence. For several years the four have been reporting to court. However the case has not taken off.
Besigye has now told Nakawa Chief Magistrates Court that he will not be appearing before it again until the state is ready to prosecute him. “I would respectfully want to inform this court that I will not come back to this court. When investigations are done they can inform me. I will only come back to this court as a prisoner if they choose to arrest me but I will not come back myself,” he said.
He had earlier tweeted: “It’s a last time to appear in this court if investigations in treason case continue!”
Dr. Besigye made a similar statement two weeks ago while on trial in Kabale court where the state had brought witnesses to testify against him. He said he had to be available in case anyone was bearing witness against him.
“Ordinarily Besigye would have been arrested as soon as he made that statement because in essence he is telling court that he is going to violate the terms for his bail. But then court finds itself in a very difficult position as the Magistrates are also aware that the court system is being abused by the state to persecute the former presidential candidate for political reasons,” one Lawyer has told the SpearTeam.
In such circumstances, the country waits to see; Will Besigye pursue his threat and refuse to attend court and will court accordingly issue a warrant of arrest to have him committed to Luzira again?