Court Orders Besigye Treason Trial to Begin Within One Week
Dr Kizza Besigye standing in the dock at
By Skika Reporter.
The High Court in Kampala has directed that the treason trial involving opposition politician Rt. Col. Dr. Kizza Besigye, his aide Hajji Obeid Lutale Kamulegeya, and Uganda People’s Defence Forces (UPDF) Captain Denis Oola commence within a week, despite objections from the defence team over inadequate time to prepare.
Justice Emmanuel Baguma of the High Court Criminal Division on Monday ordered that all pre-trial processes, including the selection and swearing-in of three assessors, be concluded by June 8, 2026. He further directed the prosecution to begin presenting its witnesses on June 11, 2026.
The three accused are facing treason charges arising from allegations that they conspired to overthrow the government of Uganda.
During the proceedings, the prosecution team led by Assistant Director of Public Prosecutions Thomas Jatiko and Chief State Attorney Richard Birivumbuka informed the court that all evidence intended for use during the trial had already been disclosed to the defence.
According to the prosecution, the disclosed material includes numerous documentary exhibits and approximately ten hours of audio and video recordings allegedly linking the accused persons to the offences.
However, the defence team, led by Erias Lukwago alongside lawyers Frederick Mpanga, Ernest Kalibala, and Bayern Turinawe, argued that the period provided by the court was insufficient to adequately review the evidence and prepare a defence.
The lawyers requested at least one month to analyze the materials, citing logistical challenges arising from their clients’ detention at Luzira Prison. They told the court that access to electronic devices necessary to review audio and video evidence is limited within the prison facility and that consultations with their clients are restricted, particularly during weekends and public holidays.
Assistant Superintendent of Prisons Timothy Wasike acknowledged that routine lawyer access on weekends is generally restricted but indicated that special arrangements could be made upon court orders.
In response, Justice Baguma directed the Deputy Registrar to communicate with prison authorities to facilitate defence access to the accused persons during weekends and public holidays. He further ordered that appropriate facilities be provided to enable counsel to review the disclosed evidence.
Despite the intervention, the defence maintained that the timeframe remained inadequate. The lawyers argued that some prosecution evidence, including statements from at least five witnesses, had not yet been disclosed.
The defence also requested the court to halt the proceedings and refer several constitutional questions to the Constitutional Court for interpretation. Among the issues raised is the meaning of “adequate time and facilities” for preparing a defence as guaranteed under Article 28(c) of the Constitution.
The lawyers further questioned whether commencing a trial before resolving all preliminary legal issues is constitutional and sought guidance on whether seven days constitutes sufficient preparation time following disclosure of evidence.
Justice Baguma said he would deliver a ruling at 5:00 p.m. on whether the constitutional questions merit referral to the Constitutional Court.
According to the prosecution, Besigye, Lutale, and Captain Oola allegedly held meetings in Geneva, Athens, Nairobi, and Kampala aimed at soliciting funding, acquiring weapons, and organizing paramilitary activities intended to overthrow the government.
State prosecutors allege that Besigye met an individual identified as Andrew Wilson, described as a Kurdish intelligence operative, and received USD 5,000 to facilitate the transportation of 36 Ugandan recruits to Kisumu, Kenya, for military training. The recruits were reportedly intercepted and deported before the training could take place.
The prosecution further claims that the accused sought to acquire surface-to-air missiles, ricin poison, counterfeit currency, and planned to deploy drone technology in an alleged plot targeting President Yoweri Museveni.
Investigators say they possess audio and video recordings, social media communications, immigration records, and telephone data that they contend link the accused to the alleged activities.
The accused persons have denied wrongdoing. Following Monday’s proceedings, Besigye, Lutale, and Captain Oola were returned to Luzira Prison on remand as they await the commencement of their trial.
