Unlawful Detention, Constitutional Contempt, and the Rule of Law in Uganda: A Legal Analysis of the UHRC Directive Against Gen. Muhoozi Kainerugaba

 

By: Isaac Christopher Lubogo

 

I. Brief Facts

 

On April 27, 2025, Edward Ssebuufu (a.k.a. Eddie Mutwe), chief bodyguard to opposition leader Bobi Wine, was allegedly abducted by men in military attire. His whereabouts remained unknown until May 1, when Gen. Muhoozi Kainerugaba, Chief of Defence Forces (CDF) and son to President Museveni, admitted on social media that he had Mutwe “in his basement” and made degrading threats.

 

On May 2, 2025, the Uganda Human Rights Commission (UHRC), chaired by Hon. Mariam Wangadya, issued a formal directive ordering the immediate release of Eddie Mutwe, citing unlawful detention and warning the CDF of potential contempt under Article 53(1)(d) of the Constitution.

 

II. Legal and Constitutional Issues

 

1. Violation of Article 23(1) – Right to personal liberty:

 

A person shall not be deprived of personal liberty except in accordance with a procedure established by law.

 

Mutwe’s detention without trial, judicial warrant, or lawful remand exceeds 48 hours and is prima facie unconstitutional.

 

2. Violation of Article 24 and 44(a) – Freedom from torture, cruel, inhuman or degrading treatment:

 

The image shared of a bloodied, shirtless detainee and the public threats constitute torture and degrading treatment, which is non-derogable even in a state of emergency.

 

3. Violation of Article 221 – Accountability of security organs:

 

The UPDF and its officers are bound to observe and respect the fundamental rights and freedoms of citizens.

 

4. Contempt under Article 53(1)(d) – Obligation to comply with UHRC directives:

 

Failure to release Mutwe following the Commission’s directive exposes the CDF to constitutional contempt, which may trigger enforcement proceedings.

 

5. Abuse of military power and civilian jurisdiction – Military custody of civilians is illegal:

 

The Detention of civilians by military forces, without lawful military court jurisdiction, violates Article 210 and the UPDF Act, which clearly separates military and civilian justice systems.

 

III. Legal Consequences and Challenges

 

Personal liability may attach to Gen. Muhoozi if the unlawful detention continues, under both constitutional and international human rights law.

 

UHRC’s authority may be undermined if its directive is ignored, raising a constitutional crisis about the independence and enforceability of national institutions.

 

International attention and regional sanctions may result, especially under the African Charter on Human and Peoples’ Rights, to which Uganda is a signatory.

 

Judicial review proceedings could be filed before the High Court seeking a habeas corpus order, declaratory relief, and compensation for unlawful detention and torture.

 

IV. Remedies Available Under Ugandan Law

 

1. Habeas Corpus (Article 23(9) & Judicature (Habeas Corpus) Act)

 

Can be filed immediately in the High Court to compel production and release of Eddie Mutwe.

 

2. UHRC Enforcement Mechanism

 

Under the Human Rights (Enforcement) Act, 2019, the Commission may petition court to enforce its directives or cite contempt proceedings.

 

3. Civil Suit for Damages

 

A claim for torture, false imprisonment, and assault may be instituted in the High Court against the UPDF and Gen. Muhoozi personally.

 

4. Petition to the Constitutional Court

 

Challenge the legality of Mutwe’s detention and military overreach under Article 137.

 

5. Referral to International Human Rights Bodies

 

If domestic remedies fail, the case may be escalated to the African Commission on Human and Peoples’ Rights or the UN Human Rights Council.

 

The UHRC’s directive is constitutionally valid and binding. The continued detention of Eddie Mutwe is not only a gross violation of fundamental rights, but a test of Uganda’s constitutional order and rule of law ahead of the 2026 elections. Should the directive be ignored, it will raise serious legal and political consequences, both domestically and internationally.

 

The Constitution must not yield to impunity—even when power wears military boots.

About the Author:

Isaac Christopher Lubogo is a Ugandan lawyer and lecturer