Lawyers representing jailed opposition figure Rt. Col. Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale Kamulegeya, have formally requested Nakawa Chief Magistrate Christine Nantege to recuse herself from their ongoing case, citing bias, incompetence, and judicial misconduct.
The recusal request was presented in court on Thursday by lead counsel Erias Lukwago, who also submitted a formal complaint to the Judicial Service Commission.
In their petition, Besigye and Lutale accuse Magistrate Nantege of judicial malpractice, abuse of authority, and violations of their constitutional rights. The complaint was raised during a hearing in which the state is seeking a court order to seize and forensically analyze their mobile phones as part of the ongoing treason case.
The accused argue that, given the gravity of the charges which carry the death penalty, the application should be heard by a judicial officer with proven impartiality and procedural competence.
They claim Magistrate Nantege is unfit to preside over the matter, citing her decision to commit them to the High Court in the absence of their legal counsel. They argue that this decision violates Article 28(3)(d) of the Constitution, which guarantees the right to legal representation.
They further contend that since the case was formally committed to the High Court on May 29, 2025, the magistrate no longer has jurisdiction. Lukwago referred to Section 168 of the Magistrates Courts Act, which states that a magistrate’s role ends once a case is committed for trial before the High Court.
The defence argues that the magistrate’s decision to fix a post-committal hearing for the state’s application is therefore unlawful.
Besigye and Lutale also accuse the magistrate of refusing to acknowledge that they have been on remand for more than 180 days. Under the 2022 Constitutional Bail Guidelines, this qualifies them for mandatory bail.
They argue that her failure to forward their file to the High Court to initiate the bail process constitutes a violation of Article 23(8) of the Constitution and reflects either negligence or deliberate obstruction.
The complaint also raises concerns about recurring disorder in the courtroom, including verbal and physical confrontations. The defence claims the magistrate has failed to address these incidents, thereby undermining the integrity of the proceedings and compromising the safety of court users.
The Judicial Service Commission acknowledged receipt of the complaint on June 12, 2025. The petition calls for a formal investigation into Magistrate Nantege’s conduct, appropriate disciplinary action, and new guidance for magistrates regarding jurisdictional limits and the protection of constitutional rights in criminal proceedings.
Magistrate Nantege stated that she would deliver her ruling on the recusal request on June 26, 2025.
In the meantime, Besigye and Lutale have been further remanded to Luzira Prison as they await arraignment before the High Court on treason charges. They were jointly committed by Nakawa Chief Magistrate Richard Birivumbuka alongside Captain Denis Oola.
Despite the committal, the application by the Director of Public Prosecutions to extract phone data remains pending in Nakawa, a development the defence argues violates legal procedure and further undermines confidence in Magistrate Nantege’s handling of the case.
According to committal documents, the state alleges that between 2023 and November 2024, Besigye, Lutale, and Oola conspired to overthrow the Ugandan government through actions and statements made in Geneva, Athens, Nairobi, and Kampala. The prosecution claims the trio attended strategic meetings, solicited funds, and sought weapons to advance their plan.
The state further alleges that Besigye, a retired colonel and founding member of the Forum for Democratic Change, coordinated with foreign operatives including a Kurdish intelligence agent identified as “AW.”
These meetings allegedly involved discussions of sabotage, military training, and a drone-based assassination attempt targeting President Yoweri Museveni. Prosecutors claim Besigye received five thousand dollars from AW to transport 36 Ugandans to Kisumu, Kenya, for paramilitary training.
The group was intercepted, arrested, and deported to Uganda where they now face terrorism charges. The operation was reportedly monitored and documented by AW in coordination with Ugandan military intelligence.
Additional charges allege that Besigye requested military-grade weapons, counterfeit currency, and ricin poison with the aim of attacking major military installations.
The prosecution intends to rely on audio and video recordings, social media communications, immigration records, and phone logs during the trial.
The accused were arrested in Kenya on November 17, 2024, allegedly in possession of pistols and other prohibited items. Captain Oola is said to have joined the alleged conspiracy in October 2023 and expressed support for the coup plot through WhatsApp messages.
The state alleges that the three accused acted with common intent and failed to report the planned treasonous acts. Prosecutors will urge the High Court to convict them as charged.
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