Lawyer asks court to halt Besigye's treason case

Mar 01, 2018

On January 30, 2018, Besigye filed a Constitutional petition challenging section 23 (2) (a) of the Penal Code under which the charge of treason was brought against him, contending that it contravenes Article 28 (12) and 29 of the Constitution.

The lawyer representing former Forum for Democratic Change (FDC) presidential candidate, Dr. Kiiza Besigye has asked court to halt treason case proceedings against him, pending determination of his constitutional petition.

Earnest Kalibala informed Nakawa grade one magistrate, Noah Ssajjabi that Besigye is among others, challenging the process of being required to appear in the magistrate's court without being committed to high court for trial.

"Your worship, I pray that treason proceedings in this court be stayed in favour of Besigye so that the petition can be disposed-off," Kalibala requested.  The case has lasted in court for a year and 10 months.

On January 30, 2018, Besigye filed a Constitutional petition challenging section 23 (2) (a) of the Penal Code under which the charge of treason was brought against him, contending that it contravenes Article 28 (12) and 29 of the Constitution.

"Requiring me to appear repeatedly for an unforeseeable, immeasurable and prolonged duration before a magistrate's court for purpose of mention in respect of the offence of treason contravenes the constitution," starts part of the petition filed by Besigye.   

He says failure by the Director of Public Prosecution (DPP) to commit him to high court within 180 days for trial is contrary to Article  28 (1) and 120 (5) of the Constitution.

Besigye, therefore, wants court to order his trial be permanently stayed and also cleared of the offence.

He also seeks a court pronouncement that a person charged with an offence only triable by the High Court of Uganda must be committed to the high court for trial within and not later than 180 days.

Subsequent to the new development, state prosecutor Joyce Anyango asked court to give her time to peruse through the petition before court makes a ruling.

Anyango also informed court that an investigation into the matter is still ongoing and asked the magistrate to summon Besigye over failure to turn up in court for the case. But Kalibala said the last time he heard from Besigye, he was out of the country and does not know whether he is back.   

Prosecution alleges that Besigye between February 18 and May 11, planned to forcefully ascend to the Office of the President when he declared himself the elected president of Uganda.

He is also accused of inciting residents to defy lawful orders to attend his illegal swearing in ceremony in a non-specified place with the intention of overthrowing the government.

According to DPP, the act is against the legal prescribed processes through which one can ascend himself into the Office of the President.

Besigye is contesting the outcome of the February 18 presidential election in which he emerged runner-up.

Currently, Besigye has been reporting before the criminal registrar of the High Court in Kampala twice a month for the renewal of his bail application.

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