Treason case: Besigye, Lutale demand public hearing

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The four-time presidential candidate, Dr Kizza Besigye, and his aide, Hajji Obeid Lutale, have demanded that the hearing of an application, in which the prosecution seeks to obtain their phone records, be conducted in open court.

Nakawa Chief Magistrate, Esther Nyadoi, had allowed the hearing of the case in camera (without the presence of journalists) following a request by the prosecution, led by Assistant Director of Public Prosecutions, Thomas Jatiko.

He is being assisted by Chief State Attorney Richard Birivumbuka and State Attorney Eunice Baine.

However, when the case resumed on April 30, 2025, the defence lawyers, led by Erias Lukwago, informed the court that they had petitioned the High Court, seeking a review of the magistrate's decision. The application has not yet been fixed for hearing.

Other defence lawyers include Fred Mpanga, Samuel Muyizzi, and Kato Tumusiime.

Frustration

Birivumbuka informed the court that investigations in the treason case have been frustrated because of failure to access phone records of the accused, who are facing charges of treason and misprision of treason.

The duo is battling the charges together with the Uganda People’s Defence Forces (UPDF) officer, Captain Denis Oola, who is attached to the armoured brigade.

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

“Forensic analysis of the devices is necessary to determine the exact nature and evidential value of the data they contain,” Birivumbuka said.

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.