According to the charge sheet, Col. (Rtd) Dr. Kizza Besigye, a retired UPDF officer and former presidential candidate, along with Hajj Obeid Lutale and UPDF officer Captain Denis Oola, are accused of treason under Section 23(1)(c) of the Penal Code Act, Cap 128. The prosecution alleges that between 2023 and November 2024, the accused, together with others still at large, conspired to overthrow the Ugandan government through force of arms.
Government Bows to Pressure, Tries Besigye and Obed Lutale in Nakawa Magistrates' Civilian Court.
In a significant turn of events, the Ugandan government has opted to try opposition leader Col. (Rtd) Dr. Kizza Besigye, alongside Hajj Obeid Lutale and Captain Denis Oola, in the Nakawa Magistrates' Civilian Court following mounting public pressure and legal concerns. The trio faces treason charges, as outlined in Police Form 53 issued by the Criminal Investigations Directorate (CID) Headquarters on February 20, 2025.
Col. (Rtd) Dr. Kizza Besigye, a retired UPDF officer and former presidential candidate, along with Hajj Obeid Lutale and UPDF officer Captain Denis Oola, are accused of treason under Section 23(1)(c) of the Penal Code Act, Cap 128. The prosecution alleges that between 2023 and November 2024, the accused, together with others still at large, conspired to overthrow the Ugandan government through force of arms.
The particulars of the offense indicate that the trio engaged in activities across multiple international locations, including Geneva (Switzerland), Athens (Greece), Nairobi (Kenya), and Kampala (Uganda). The alleged acts include:
Traveling to foreign nations to coordinate meetings aimed at furthering the overthrow of the government.
Engaging with various individuals both physically and virtually to advance their plot.
Making utterances expressing their desire to unseat the government by force.
Providing logistical support to Ugandan citizens for military training in Kisumu, Kenya.
Soliciting military, financial, and logistical support for their plans.
Alternative Charge: Misprision of Treason
In addition to the treason charge, the charge sheet also includes an alternative charge of misprision of treason under Section 25 of the Penal Code Act. This charge asserts that the accused were aware of treasonous activities but failed to report them to the authorities, thereby facilitating the crime.
Public and Legal Reaction
The government’s decision to transfer the case to a civilian court follows intense scrutiny from opposition groups, human rights activists, and the general public. Many legal experts and political commentators argued that trying the suspects in a military court would be inappropriate, as it would deny them access to full civilian judicial protections.
This shift aligns with a recent landmark ruling by the Supreme Court on January 31, 2025, which nullified the prosecution of all civilians in the General Court Martial and military courts. The Supreme Court’s judgment, delivered in response to an appeal by the Attorney General challenging a 2021 Constitutional Court decision, declared Sections 2, 119, and 179 of the Uganda People’s Defence Forces (UPDF) Act unconstitutional. The ruling reaffirmed the principle that civilians should not be subjected to military tribunals, setting a precedent that directly impacted this case.
Political analysts believe the move to a civilian trial signals the government’s intent to demonstrate adherence to due process amidst growing concerns about political repression and the rule of law. However, supporters of Besigye argue that the charges are politically motivated and designed to silence opposition figures ahead of the 2026 general elections.
Court Proceedings and Next Steps
The trial is set to commence at the Nakawa Magistrates' Court, where the accused will be expected to take plea. If convicted of treason, they could face severe penalties, including life imprisonment.
Given the high-profile nature of the case, proceedings will be closely monitored by both local and international observers. Civil society organizations, legal experts, and foreign diplomats have urged the Ugandan government to ensure transparency and adherence to legal standards throughout the trial.
As the legal battle unfolds, all eyes remain on the government’s approach to handling political opposition in the lead-up to the next general elections. The trial of Col. (Rtd) Dr. Kizza Besigye and his co-accused is set to be a defining moment in Uganda’s political landscape, potentially shaping the discourse around democracy, judicial independence, and the rule of law in the country.
Posts
0 Comments