By Our Reporter
Kampala, Uganda – The ongoing legal proceedings against Dr. Kizza Besigye and his co-accused, Obeid Lutaale, have taken a new twist as the Director of Public Prosecutions (DPP) formally requested the Nakawa Chief Magistrate’s Court to grant access to the accused’s mobile phones for forensic examination.
The March 5, 2025 application was highlighted on Friday when Besigye, Lutaale, and a third accused person, Captain Denis Oola, appeared before Chief Magistrate Esther Nyandoi for an update on the status of the investigations into their charges of treason and misprision of treason.
Forensic Investigation Into Mobile Devices
During the court session, Chief State Attorney Richard Birivumbuka informed the magistrate that investigations were still underway, prompting him to request an adjournment until March 28, 2025, to expedite pending inquiries.
Shortly after, a second case file was presented, detailing the DPP’s application to extract, analyze, and report on electronic data from mobile devices confiscated from Besigye and Lutaale. The devices in question include:
📱 A red mobile phone with a black cover
📱 A silver iPhone with a blue cover
📱 A black iPhone with a brown/black cover
📱 A purple Samsung phone with a black cover
📱 A black Itel button phone
The DPP contends that these devices, currently held as exhibits, may have played a role in the alleged treasonous activities and could provide crucial evidence in prosecuting the accused.
The Background of the Case
Besigye and Lutaale’s case initially fell under the jurisdiction of the General Court Martial in Makindye, but following a Supreme Court ruling, the trial was transferred to the Uganda Police Force for further investigation.
According to the DPP’s submission, the police assumed control of the case on February 11, 2025, and have since been examining multiple exhibits, including the seized mobile devices. The prosecution asserts that these phones may contain incriminating communication or digital evidence related to the alleged acts of treason.
Why Does the DPP Want Access to the Phones?
The application is backed by an affidavit sworn by Detective Inspector of Police Odye Benedict, who is attached to the Directorate of Criminal Investigations in Kibuli. In his sworn statement, Benedict emphasizes that:
✔️ Preliminary findings indicate that the phones may have been used in planning treasonous activities.
✔️ Digital data from the devices could provide crucial evidence in the prosecution.
✔️ The forensic analysis will help determine the nature and evidential value of any retrieved data.
✔️ Retaining the devices until the final disposal of the case is in the interest of justice.
Defense Pushes Back Against Prosecution’s Request
However, the defense team, led by lawyers Frederick Mpanga and Erias Lukwago, strongly opposed the DPP’s request, arguing that:
🔹 They were only served with the application on Thursday, giving them insufficient time to review its contents.
🔹 Their clients—Besigye and Lutaale—had not yet given them instructions on whether to continue representing them in this specific application.
🔹 If authorized by their clients, they intend to file affidavits opposing the request to access the mobile phones.
Given these objections, the defense successfully delayed the hearing, which has now been scheduled for March 14, 2025.
With the next hearing set for March 14, 2025, the stage is now set for a legal battle over digital privacy and the use of electronic evidence in criminal trials. If the court grants the DPP’s request, forensic analysis of the phones could introduce new dimensions to the treason case, either strengthening the prosecution’s arguments or raising fresh challenges for the defense.
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