Treason case: Besigye and Lutale set to learn bail ruling

KAMPALA - The High Court in Kampala is expected to rule today (Friday) on the bail application filed by the four-time presidential candidate Dr. Kizza Besigye and his aide, Hajj Obeid Lutale.

The two are 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 Armoured Brigade.

Justice Rosette Comfort Kania of the Criminal Division of the High Court is scheduled to ​deliver the ruling.

The Office of the Director of Public Prosecutions (ODPP) is being represented by Chief State Attorneys Richard Birivumbuka and Joseph Kyomuhendo, while the defence team features Erias Lukwago, Ernest Kalibala and Samuel Kayizzi.  

In the last session (on March 14), Besigye and Lutale presented sureties in a bid to secure bail. Besigye’s sureties included MPs  Ibrahim Ssemujju Nganda (Kiira Municipality), Francis Mwijukye (Buhweju County), Tonny Muhindo (Bukonzo East County) and Nicholas Kamara (Kabale Municipality).

Lutale’s sureties are his wife Halima Nagitta, brother, Hamza Ssewankabo and daughter Zurah Nanfuka.

In their bail application, Besigye and Lutale argued that their advanced ages of 68 and 65, respectively, make it difficult for them to cope with the harsh prison conditions they have experienced during their detention at Luzira Prison.

They pointed out their status as responsible citizens with permanent residences in Wakiso district in Buyinja LC1 Wampeewo Ward Kasangati and Mutundwe Ward Gombolola Ssabagabo Makindye, respectively.

They assured the court that they posed no threat to investigative processes and were willing to appear for trial as required once released on bail.

Besigye and Lutale were abducted by Uganda’s security forces on November 16, 2024, in Nairobi, Kenya, where they had travelled to attend a book launch by Kenyan politician Martha Karua, who later became Besigye’s lead lawyer in the case.

They were later forcibly returned to Uganda, detained at Makindye Military Barracks, and arraigned at the General Court Martial on charges related to security and illegal possession of firearms.

However, due to a jurisdictional issue, their case was transferred to a civilian court, as Besigye and Lutale are civilians. They were subsequently charged with treason and misprision of treason at Nakawa Chief Magistrates Court and remanded to Luzira Prison.

Allegations

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 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 provided logistical support and organising for several Ugandan citizens to travel to Kisumu, Kenya for the purpose of receiving training in various military and intelligence gathering techniques.

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