Law Society asks court to order production of remanded rights activist Bireete

The Uganda Law Society (ULS) has petitioned the Buganda Road Chief Magistrate’s Court seeking orders to have rights activist Sarah Bireete produced from Luzira Prison to challenge what it describes as “unlawful charges” and an “illegal remand” order.

In an application filed on Wednesday, the lawyers’ professional body asked presiding magistrate Winnie Nankya to issue a production warrant compelling prison authorities to present Ms Bireete before the court ahead of her scheduled return date of January 21, hence to miss out on next week’s elections.

“We act for Dr Sarah Bireete, the accused person in the above-captioned matter, who was on January 2, 2026, remanded to prison until January 21, 2026,” reads part of the application signed by ULS vice president Anthony Asiimwe.

“Pursuant to Section 11(2) of the Magistrates Courts Act, we humbly apply for a production warrant to facilitate the immediate presentation of our client before the court to apply for nullification of the instant charge and remand order.”

The ULS argues that the charge against Ms Bireete is “fatally defective, unlawful, null and void,” contending that it does not disclose any offence known to law.

“The particulars of the offence do not disclose any essential ingredient of an offence,” the lawyers state. “National voters’ information is a vague description, and its disclosure is authorised by electoral laws.”

The lawyers further argue that the remand order itself was illegal, saying Ms Bireete was arbitrarily remanded for 19 days, exceeding the statutory 15-day limit provided for under Section 122(2) of the Magistrates Courts Act.

“We seek a production warrant to address the court’s jurisdiction and the lawfulness of our client’s detention,” the petition states, adding that the application supersedes an earlier request for bail.

Ms Bireete, the executive director of the Centre for Constitutional Governance, was charged on January 2 with unlawful obtaining or disclosure of personal data, contrary to Section 35(1) and (2) of the Data Protection and Privacy Act.

Prosecution alleges that she accessed or shared personal data controlled or processed by the Electoral Commission without the commission’s consent. The alleged data is described as national voters’ information.

When she appeared in court on January 2, the prosecution, led by Ms Joan Keko, requested time to scrutinise the defence’s bail application. The court granted the request and remanded Ms Bireete to Luzira Prison until January 21.

The case has attracted significant public and legal interest, with critics questioning the use of data protection laws against civil society actors involved in electoral governance and transparency.

The court is yet to fix a date to hear the ULS application.