The Chief of Defence Forces, Gen. Muhoozi Kainerugaba, together with the Attorney General, has asked the High Court’s Criminal Division to throw out an application filed by Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale, seeking to halt their ongoing treason proceedings, insisting that the trial should continue and be determined on its merits.
Besigye and Lutale recently petitioned the court, accusing Gen. Muhoozi of making public comments on social media that allegedly prejudged their case, threatened Besigye’s life, and compromised their constitutional right to a fair trial.
In response, Lt. Col. Daniel Atwiine, the head of the Special Investigations Bureau (SIB) of the UPDF, swore an affidavit opposing the application.
Atwiine argues that both accused persons remain innocent until proven guilty and notes that the UPDF spokesperson is the only officer authorised to communicate official positions on behalf of the military. He maintains that the criminal charges against Besigye and Lutale should be resolved through the courts.
The applicants are seeking declarations that their prosecution is unconstitutional, contending that Gen. Muhoozi’s alleged online remarks amounted to a public declaration of guilt, threats of extrajudicial punishment, and interference with the independence of the judiciary.
Among the statements cited are posts allegedly suggesting that Besigye would be hanged, shot dead, or detained indefinitely. However, the respondents maintain that the applicants’ fair trial rights remain intact and that they will have an opportunity to challenge the prosecution’s evidence before a competent court.
The state has also denied claims that Besigye and Lutale were abducted from Nairobi, Kenya, in November 2024. According to Atwiine, security agencies had launched investigations after receiving intelligence reports linking the pair to activities considered detrimental to national security.
He claims investigators obtained information indicating that the two were collaborating with individuals both within and outside Uganda to mobilise supporters, recruit personnel, conduct training, and procure weapons with the aim of overthrowing the government.
Atwiine further states that on November 17, 2024, Ugandan authorities received information from a liaison officer stationed at the Malaba border that the suspects were at the crossing point.
A team commanded by Lt. Hashim Wandera was subsequently dispatched and arrested the pair at Malaba before transferring them to the Makindye Military Police Detention Centre for interrogation.
The affidavit dismisses allegations that Col. Peter Ahimbisibwe and Lt. Col. Ephraim Byaruhanga took part in the arrest and reiterates that no abduction occurred in Nairobi.
It also rejects assertions that the suspects were held incommunicado, saying they were informed of the reasons for their arrest and made aware of their rights.
Atwiine describes the Makindye facility as a lawful place of detention and says the accused were later remanded to Luzira Upper Prison on November 20, 2024.
On the issue of prosecution, the respondents contend that the case stems from lawful investigations and is properly before the High Court. Atwiine explains that Besigye and Lutale were initially charged alongside Capt. Denis Oola, a serving UPDF officer, but the matter was transferred to the civilian court system following the Supreme Court decision in Attorney General versus Michael Kabaziguruka.
He says the three accused persons continue to face treason charges before the High Court Criminal Division. The respondents further argue that the case is not politically motivated or malicious but is founded on available evidence, established facts, and the applicable law.
Consequently, they have asked the court to dismiss the application with costs, arguing that the grounds advanced by the applicants do not justify stopping Criminal Session Case No. 335 of 2025.
The matter is pending before Justice Emmanuel Baguma, who is expected to hear the application on June 30, 2026. Besigye, Lutale and Capt. Denis Oola are charged with treason arising from allegations that they conspired to overthrow the government.
Prosecutors allege that the accused attended meetings in Geneva, Athens, Nairobi and Kampala aimed at mobilising funds, recruiting fighters, and planning paramilitary activities.
The prosecution also claims that Besigye obtained financial support from a Kurdish intelligence operative identified as Andrew Wilson and facilitated activities related to recruitment and training.
The state says it possesses audio recordings, video clips, social media exchanges, immigration records and telephone data that allegedly connect the accused to the purported scheme.
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