By Andrew Irumba Katusabe [Sankara]
BesigyeIn a landmark development, the government has finally succumbed to public pressure and adhered to the Supreme Court’s ruling that civilians cannot be tried in military courts. As a result, the treason case against Col (Rtd) Dr. Kizza Besigye, Hajji Obeid Lutale, and RO/12743 Captain Denis Oola has been officially transferred to Nakawa Court, where they appeared this morning to answer the charges against them.
Charges Against the Accused
According to the charge sheet issued by the Uganda Police CID Headquarters on February 20, 2025, the accused face the following charges:
1. Treason: Contrary to Section 23(1)(c) of the Penal Code Act, Cap 128.
– The particulars of the offence state that Besigye, Lutale, Oola, and others still at large allegedly contrived a plot between 2023 and November 2024 to overthrow the Government of Uganda by force of arms.
– The charge sheet details that the accused attended meetings in various locations, including Geneva (Switzerland), Athens (Greece), Nairobi (Kenya), and Kampala (Uganda), where they allegedly planned and declared their intent to overthrow the government.
– They are also accused of organizing logistical support for Ugandan citizens to travel to Kisumu, Kenya, for military and intelligence training.
– Further allegations include soliciting military and financial assistance to execute the said plot.
2. Alternative Charge: Misprision of Treason – Contrary to Section 25 of the Penal Code Act, Cap 128.
– This charge accuses the same individuals of knowing about the treasonous plans but failing to report them to the authorities.
– They allegedly withheld information from the Minister, administrative officers, magistrates, or the police.
Chronology of Events Leading to the Case Transfer
1. Initial Arrests and Charges: The accused were arrested between late 2024 and early 2025 over allegations of plotting to overthrow the government.
2. Military Court Proceedings: Initially, the state sought to prosecute them under the General Court Martial, sparking widespread outcry from human rights activists and legal experts who argued that civilians should not be subjected to military trials.
3. Supreme Court Ruling: Uganda’s Supreme Court ruled that civilians cannot be tried in military courts, reinforcing previous judicial precedents that limit military jurisdiction to serving military personnel.
4. Public Pressure and Legal Advocacy: Civil society organizations, opposition groups, and legal experts mounted pressure on the government to respect the ruling and transfer the case to a civilian court.
5. Government’s Decision: Following increasing scrutiny and pressure, the state complied with the Supreme Court ruling and officially transferred the case to Nakawa Court, where the accused are now appearing to face the treason charges.
This move marks a significant moment in Uganda’s legal and political landscape, reaffirming the judiciary’s authority and the constitutional rights of civilians. The case will now proceed through the civilian legal system, setting a precedent for future political cases in the country.
Next Steps
As the trial commences, all eyes remain on Nakawa Court to determine the fate of Besigye and his co-accused. Legal analysts predict a highly contested battle as the defense challenges the credibility of the allegations, while the prosecution pushes to prove its case. The outcome of this case could have far-reaching implications on Uganda’s political landscape and legal precedents regarding treason trials in the country.
More updates to follow as the case unfolds.
