Besigye case: Lawyers clash over closed-door hearing

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A heated battle of wits unfolded at the court on Friday (April 4) when the prosecution team requested a closed-door hearing for an application seeking permission to access the phone records of four-time presidential candidate Dr. Kizza Besigye and his aide, Hajj Obeid Lutale.

Assistant Director of Public Prosecutions Thomas Jatiko and Chief State Attorney Richard Birivumbuka requested a closed-door hearing, citing security concerns.

However, Besigye’s lawyers, Erias Lukwago (Kampala Lord Mayor) and Fred Mpanga, opposed the request, arguing that the application should be heard in open court.

Nakawa Court Chief Magistrate Esther Nyadoi granted the prosecution’s request for a closed-door hearing to cross-examine investigating officer Benedict Odyek regarding the application.

However, Besigye’s lawyers sought permission to apply for a review of the magistrate’s decision, stalling the application’s hearing.

Prior to the ruling, Birivumbuka requested a closed-door cross-examination, citing concerns over investigating officer Odyek’s safety.

He claimed Odyek faced imminent threats and public attacks, pointing to courtroom songs as evidence of intimidation.

However, lawyer Lukwago objected, labelling the request an abuse of court process.

Meanwhile, lawyer Mpanga dismissed Birivumbuka's claims, noting that similar arguments were previously dismissed by the Constitutional Court.

Police preliminary investigations suggest that the phones may have been used in the commission of the offences and could contain relevant data and information crucial to the case.

The case

Besigye and Lutale face charges of treason and misprision of treason together with Uganda People’s Defence Forces (UPDF) officer, Captain Denis Oola, attached to the armoured brigade.

It is alleged that Besigye, Lutale, Oola 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 overturn 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, Besigye, Lutale, Oola 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.

Particulars of overt acts

Prosecution alleges that the accused persons travelled to various countries including Switzerland, Greece, Kenya for purposes of attending meetings to further the plot to overturn the Government of Uganda.

Court documents indicate that the accused persons attended meetings with various individuals both physically and virtually in various places including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya and Kampala in furtherance of the plot to overturn the Government of Uganda.

According to the court documents, the accused persons allegedly provided logistical support and organised several Ugandan citizens to travel to Kisumu, Kenya for the purpose of receiving training in various military and intelligence-gathering techniques.

It is purported that the trio solicited for military, financial and other logistical support to overturn the Government.