Retired Col. Dr. Kizza Besigye and Hajj Obeid Lutaale have petitioned the Constitutional Court, challenging the legality of the charges brought against them in the court martial and also the process leading to their arrest and subsequent prosecution.
Besigye and Lutaale are jointly charged with Captain Denis Oola from the UPDF’s armored brigade.
The three individuals are accused of five offenses, including treachery and illegal possession of firearms and ammunition, which they have denied.
The prosecution claims that between February 2023 and November 2024, the three accused individuals held meetings in various international cities, including Geneva, Athens, and Nairobi, as well as within Uganda, particularly in Kampala Metropolitan.
These meetings allegedly focused on soliciting logistical support and identifying military targets in Uganda, with the intent to undermine the security of the Uganda People’s Defence Forces (UPDF).
The prosecution also accuses them of withholding critical information that could have prevented these alleged activities.
Regarding the firearms charges, Besigye and Lutaale are specifically accused of possessing two pistols—one a 27KAL No.765, and the other an HB 1015 1953 model, along with eight rounds of ammunition.
These items, according to the prosecution, are typically reserved for use by the UPDF, and their unlawful possession is considered a violation of military law.
Besigye, who avers in the petition that he is a member of an opposition political party, People’s Front for Freedom, that seeks to lawfully change the current government.
He also contends that him and Lutaale are illegally held on remand at Luzira prison, where they continue to undergo trial for offenses for which the General Court Martial lacks territorial jurisdiction, having been allegedly committed outside Uganda.
The petitioners are challenging the constitutionality of the charges, citing several sections of the Constitution and the UPDF Act.
Specifically, they are challenging Section 119 of the UPDF Act, arguing that it is unconstitutional as it purports to oust the jurisdiction of the High Court in matters relating to the trial of civilians by the court martial.
They also contend that Section 120 of the UPDF Act violates the principle of equality before the law, as it subjects civilians to the jurisdiction of the court martial without providing adequate safeguards for their rights.
The petitioners further complain about the acts and omissions of security personnel, whom they accuse of kidnapping them from Kenya and repatriating them against their will, in addition to holding them incommunicado at Makindye Military Barracks for three nights.
Besigye complains in his petition that he will not get a fair trial before the General Court Martial, as its members cannot take independent decisions because the Chief of Defense Forces, General David Muhoozi, from whom they draw authority, has on several occasions taken to his (X) account, formerly Twitter, and threatened to hang him on a tree on this year’s Heroes’ Day in Gulu.
Although those close to Muhoozi say the account was hacked, it indicates that the CDF posted showing that he has now brought closer the date of hanging Besigye to March 9th.
Besigye, who has hired a team from 13 law firms led by Lukwago and Company Advocates and Alaka and Company Advocates, says the commentaries of the CDF are an attack on his right to a fair hearing and presumption of innocence protected by Articles 28, 44, and 128 of the Constitution.
Furthermore, the petitioners argue that the charges against them violate their right to a fair trial, as guaranteed by Article 28 of the Constitution.
They also contend that the trial in the court martial violates their right to equality before the law, as guaranteed by Article 22 of the Constitution.
The petitioners challenge the jurisdiction of the court martial to try them, arguing that the court martial lacks the power to try civilians.
They also argue that the charges against them are vague and ambiguous and do not provide sufficient particulars to enable them to prepare their defense.
Additionally, the petitioners contend that the charges against them are based on hearsay evidence, which is inadmissible in a court of law.
They argue that the prosecution’s case is built on shaky grounds and that the evidence presented against them is unreliable and untrustworthy.
The petitioners further argue that the trial is a sham and that the outcome is predetermined.
They also argue that the charges against them are politically motivated and that the trial is a persecution rather than a prosecution.
The petitioners also raise concerns about their abduction from Kenya, which they argue was a clear violation of their rights.
They contend that they were illegally detained and deported from Kenya and that their subsequent trial in the court martial is a clear abuse of process.
The petitioners argue that their abduction and subsequent trial is a clear example of the government’s disregard for the rule of law and the rights of citizens.
They contend that the government’s actions are a clear threat to democracy and the rule of law in Uganda.
The petitioners are seeking a declaration from the Constitutional Court that the charges against them are null and void and that the court martial’s jurisdiction to try them is unconstitutional.
Lawyer Erias Lukwago says they are also seeking an interim injunction blocking the Court Martial from continuing the trial of Besigye and Lutaale until the petition is determined, and an order from the court to quash the charges.
The petitioners are also seeking damages for the violation of their rights, including their right to a fair trial, their right to equality before the law, and their right to freedom from arbitrary detention.
The petition comes just hours before the long-awaited Supreme Court decision that will determine whether the General Court Martial should continue trying civilians.
The decision, expected tomorrow, will arise from an appeal filed by the government against former MP Michael Kabaziguruka, who successfully challenged his treachery trial in the General Court Martial.
Besigye and Lutaale will return to court on February 3rd, 2025, unless the Supreme Court rules otherwise tomorrow.
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