The High Court has deferred to November 9 the hearing of an application seeking to establish the whereabouts of missing opposition activist Sam Mugumya, after the military denied holding him despite allegations that he was arrested by security operatives more than a year ago.
“We went back to the High Court for a habeas corpus hearing for comrade Sam Mugumya, who has been missing for one year and two months now. The military swore an affidavit denying holding him, despite all evidence and previous admissions that he is in their custody,” Lewis Luhongoya said.
Luhongoya added that the matter had been deferred to November 9 to allow the state to conduct what he described as further investigations and report back to court.
Mugumya, a former personal assistant to veteran opposition leader Dr Kizza Besigye, reportedly disappeared on August 26, 2025, after armed men believed to be military operatives picked him up while he was having breakfast at NIM Hotel in Nyamitanga, Mbarara City.
His disappearance has triggered legal and political efforts to establish his whereabouts, with his family, lawyers and opposition figures demanding that security agencies either produce him in court or explain the circumstances surrounding his disappearance.
Legal battle
Mugumya’s lawyers filed a habeas corpus application in 2025, seeking to compel the military authorities to produce him before court and account for his alleged detention.
On September 5, 2025, the High Court’s Civil Division, in Miscellaneous Cause No. 227 of 2025, issued a writ of habeas corpus directing the relevant military authorities to produce Mugumya so that the lawfulness of his alleged detention could be examined.
The application was brought under Articles 23(9) and 44(d) of the Constitution, which protect personal liberty and recognise the right to habeas corpus as one that cannot be suspended.
In response, Lieutenant Colonel Edgar Musasizi, the Director of Civil Affairs at the Ministry of Defence and Veteran Affairs, swore an affidavit denying that Mugumya had been held in military detention facilities.
Musasizi said searches of the relevant facilities and their records had found no entry relating to Mugumya’s detention since August 26, 2025.
The military’s position has left Mugumya’s family and supporters demanding answers about his whereabouts.
The legal battle continued in 2026, with his lawyers pursuing another application registered as Miscellaneous Cause No. 0208 of 2026. The application was filed on August 5, 2026, according to reports on the proceedings.
The lawyers later complained about delays in hearing the matter, asking Principal Judge Jane Frances Abodo to assign it to another judge after scheduled hearings failed to proceed.
The latest proceedings have therefore renewed questions about the state’s responsibility to account for a person alleged to have been taken into custody by security operatives.
Police also deny holding him
Last year, the Uganda Police Force also denied holding Mugumya, distancing itself from the circumstances surrounding his disappearance.
Police spokesperson Kituuma Rusoke said he had not received any briefing indicating that the activist had been arrested or detained by the force.
“I am the spokesperson of the Uganda Police Force, but I haven’t received any briefing regarding the arrest of Sam Mugumya,” Rusoke said.
Mugumya was reportedly seized by men, some in military uniform and others in plain clothes, who arrived at the hotel in a vehicle commonly referred to as a drone.
Winnie Byanyima, the wife of detained opposition leader Dr Besigye, publicly expressed concern following reports of his arrest.
“Deeply concerned about the arrest of my friend Sam Mugumya today. Sam is contesting the Rukungiri Municipality parliamentary seat. He is a law-abiding citizen. This is political,” Byanyima said at the time.
Mugumya had announced his intention to contest for the Rukungiri Municipality parliamentary seat on the People’s Front for Freedom (PFF) ticket.
His disappearance came as he prepared to return to elective politics after spending more than eight years in detention in the Democratic Republic of Congo (DRC).
A history of detention
Mugumya was arrested in the DRC in 2014 on allegations that he had illegally entered the country and was involved in plans to launch a rebellion against the Ugandan government.
Uganda’s then foreign affairs minister, Sam Kutesa, claimed that Mugumya had travelled to the neighbouring country to “pronounce rebellion” against the Ugandan government.
The DRC declined to extradite him, citing the absence of an extradition treaty between the two countries. He remained in detention for more than eight years before being released in October 2022 without having been formally tried.
During his detention, opposition leaders and human rights advocates repeatedly called for his release. His case also attracted regional attention, including legal efforts to challenge his prolonged detention.
Mugumya rose to prominence through his political activism and association with Besigye. He served as secretary general of the Forum for Democratic Change (FDC) Youth League and was a prominent member of the Activists for Change pressure group.
He also participated in the 2011 Walk to Work protests, which were organised to challenge rising living costs and other government policies.
His current disappearance has renewed concerns among his supporters, who want authorities to establish his whereabouts and clarify whether he is being held by any state agency.
The November 9 hearing is expected to provide another opportunity for the state to account for the activist’s whereabouts as the legal efforts to establish his fate continue.
