Big Story: High Court Asked To Nullify Treason Case Against Besigye & Lutale

By Swift Reporter 

Opposition politician Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale, have filed a fresh application before the High Court seeking to halt criminal proceedings against them, arguing that alleged violations of their constitutional rights have rendered a fair trial impossible.

The two men, who are facing charges of treason and misprision of treason, contend that their prosecution has been irreparably compromised by what they describe as unlawful abduction, torture, prolonged detention, and prejudicial public statements allegedly made by Chief of Defence Forces (CDF) Gen. Muhoozi Kainerugaba.

In the application, Besigye and Lutale have named Gen. Muhoozi, Col. Peter Ahimbisibwe, Lt. Col. Ephraim Byaruhanga, and the Attorney General as respondents.

Through their legal team, the applicants argue that the circumstances surrounding their arrest, detention, and subsequent prosecution have undermined their constitutional right to a fair hearing and due process.

At the centre of the application are allegations that the two were forcibly seized in Nairobi, Kenya, on November 16, 2024, while attending a book launch hosted by Kenyan politician and lawyer Martha Karua. They claim they were transferred to Uganda without formal extradition proceedings and held incommunicado for several days before being presented before the General Court Martial.

According to court documents, Besigye and Lutale allege that during their detention they were denied access to lawyers, family members, and medical personnel, in violation of constitutional safeguards against arbitrary detention and torture.

Their lawyers further argue that the prosecution is inconsistent with the Supreme Court’s decision in the case of Attorney General v Michael Kabaziguruka, which restricted the trial of civilians before military courts.

A key component of the application concerns a series of public statements allegedly made by Gen. Muhoozi on social media platform X. The applicants contend that the posts prejudged the outcome of the case, threatened Besigye’s life, and undermined judicial independence.

Court filings cite several posts allegedly authored by the CDF, including statements suggesting Besigye could be executed or remain incarcerated indefinitely. The applicants argue that such remarks amount to public declarations of guilt before trial and constitute psychological intimidation.

“The statements, individually and cumulatively, constitute direct threats to life, psychological and mental torture, public prejudgment of guilt, and interference with the independence and impartiality of the court,” the application states.

Their lawyers maintain that the alleged remarks violate the constitutional presumption of innocence and create an environment in which a fair trial cannot be guaranteed.

The application also raises concerns about delays in the criminal proceedings. The defence argues that despite court orders requiring disclosure of prosecution evidence, compliance was delayed, contributing to setbacks in the commencement of the trial.

In a supporting affidavit, human rights advocate and lawyer Tumusiime Kakuru argues that the cumulative effect of the alleged constitutional violations warrants the termination of the criminal proceedings altogether.

The applicants are seeking declarations that their alleged removal from Kenya was unlawful, orders nullifying the ongoing criminal proceedings, unconditional release, medical treatment and rehabilitation for alleged torture-related trauma, as well as legal costs.

Court records indicate that, at the time the application was filed, the Attorney General and the other respondents had not yet submitted responses.

Meanwhile, proceedings before Justice Emmanuel Baguma on Monday were marked by disagreements between the defence and prosecution over preparations for the substantive hearing of the treason case.

Defence lawyers led by Erias Lukwago, Frederick Mpanga, and Ernest Kalibala objected to what they described as the rapid progression of the trial while several pending applications and constitutional questions remained unresolved.

The dispute arose during discussions on the appointment of assessors—lay persons who sit alongside a judge in criminal trials and provide advisory opinions on whether an accused person should be convicted or acquitted.

Following submissions from both sides, Justice Baguma directed court administrators and security officials to prioritise access for elderly persons, relatives, and VIPs due to limited courtroom space.

The judge also noted that prison authorities had expressed willingness to facilitate meetings between the accused persons and their lawyers. The defence had sought permission to access prison facilities with computers, projectors, storage devices, and other materials needed to prepare for trial.

Justice Baguma later appointed three assessors—John Musana, Sarah Babirye, and Richard Okello—whose credentials had been verified by the court. He ordered that their particulars be shared with the defence before they take the oath.

The court further directed the prosecution team, led by Assistant Director of Public Prosecutions Thomas Jatiko and Chief State Attorney Richard Birivumbuka, to present its first witness on June 11, 2026.

Earlier during the proceedings, Besigye questioned whether pre-trial processes had formally concluded, expressing concern over the appointment of assessors while his constitutional challenge remained pending before the courts.

The judge subsequently adjourned the session before Besigye completed his remarks.

Besigye, Lutale, and co-accused Capt. Denis Oola remain on remand as they await the commencement of the trial.

The trio faces treason charges arising from allegations that they participated in meetings in Geneva, Athens, Nairobi, and Kampala aimed at soliciting funds, acquiring weapons, and organising activities intended to overthrow the government.

Prosecutors further allege that the accused sought military equipment, including surface-to-air missiles, and explored plans involving paramilitary training and attacks targeting senior government officials.

The accused have consistently denied the allegations.

The case remains one of Uganda’s most closely watched political and legal battles, with both the constitutional challenge and the substantive treason trial expected to shape the next phase of proceedings.