Court declines to hear application Besigye phone details access

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The Nakawa Chief Magistrates’ Court has declined a bid by prosecution to access mobile phone details of four-time presidential candidate Dr Kizza Besigye and his aide, Hajj Obeid Lutale, who are facing treason charges.

The Office of the Director of Public Prosecutions (ODPP) had applied to court, seeking permission to access the phones of the accused persons on grounds that the devices may have been used in the commission of the offences and could contain relevant data and information crucial to the case.

However, Chief Magistrate Christine Nantege today, June 26, 2025, ruled that the accused have been committed to the High Court for trial, which renders the lower court powerless to authorise such access.

“Since the accused were committed to the High Court for trial, the lower court has no jurisdiction to hear any application for Besigye and Lutale,” she said.

The ODPP was represented by Chief State Attorney Richard Birivumbuka, and state attorney Eunice Baine, while the accused were represented by Fred Mpanga, Kato Tumusiime, Bayern Turinawe and Elias Lukwago.

As news of the ruling spread like wildfire, the air was electric with jubilation. The People’s Front for Freedom supporters and Besigye's friends erupted in triumphant cheers.

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 in 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 and Kenya for the purpose 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.