KAMPALA.
Nakawa Chief Magistrates Court Wednesday deferred the treason trial of veteran politician, Dr Kizza Besigye, and his aide, Hajji Obeid Lutale .
The duo was returned to Luzira Maximum Prison until May 21 .
Appearing before Nakawa Chief Magistrate, Esther Nyadoi, the defence lawyers, led by Kampala City mayor Erias Lukwago, informed the court that they had petitioned the High Court, seeking a review of the magistrate’s earlier decision where she okayed the hearing of the case in camera (without the presence of Journalists).
This followed a request by the prosecution, led by Assistant Director of Public Prosecutions, Thomas Jatiko.
Chief State Attorney Richard Birivumbuka informed the court that investigations into the matter have been frustrated due of failure to access phone records of the Dr Besigye and Lutale.
“Forensic analysis of the devices is necessary to determine the exact nature and evidential value of the data they contain,” Birivumbuka said.
The duo is facing charges of treason and misprision of treason together with the Uganda People’s Defence Forces (UPDF) officer, Captain Denis Oola, who is attached to the Masaka based Armoured Brigade,Kasijagirwa .
Last week,Dr Besigye and Lutale filed a second bail application in the High Court, seeking their release from fail , where they have so far spent over 4months . This came after High Court Judge Rosette Comfort Kania dismissed their first bail application on April 11, 2025, arguing that they were likely to interfere with ongoing investigations, noting that treason is “the gravest offense under Ugandan law.”
Records before court indicate that the trio and others still at large between 2023 and November 2024 at various places/countries including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya and Kampala in Uganda, contrived a plot act by force of arms to over throw the Government of Uganda as by law established and expressed or declared such plot, act or matter by utterances and overt acts.
According to the charge sheet, the accused and others still at large between 2023 and November 2024, in the same countries, knowing that another person intended to commit treason, did not give information thereof with all reasonable dispatch to the minister, an administrative officer, a magistrate or an officer in charge of a police station or use all reasonable endeavours to prevent the commission of treason.
The case was initially before the Makindye based General Court Martial ,but a spirited fight put up by the accused’s lawyers and activists forced government to transfer the case file to the civilian court .This followed the January 31 ,2025 Supreme Court’s landmark judgment , which ordered that all ongoing criminal trials before military courts cease and be transferred to civilian courts with competent jurisdiction.
“All charges, or ongoing criminal trials, or pending trials before the courts-martial involving civilians, must immediately cease and be transferred to the ordinary courts of law with competent jurisdiction,” Chief Justice Alfonse Owiny-Dollo ruled in the majority judgment.