Dr Kizza Besigye and his aide, Hajji Obeid Lutale, have officially lodged a formal complaint with the Judicial Service Commission against Nakawa Chief Magistrate Christine Nantege.
The duo accuses Nantege of judicial malpractice, incompetence, and abuse of her judicial oath in a case where they are facing treason charges.
The complaint follows a legal dispute over Magistrate Nantege’s role in hearing an application from the state to seize and extract data from the accused’s mobile phones for use as evidence.
Dr Besigye and Lutale, through their lawyer Erias Lukwago, objected to Nantege presiding over the application, citing concerns over impartiality and legal procedure.
Lukwago argued that the matter was of significant gravity, as treason is a capital offence punishable by death, and thus demands impartiality and adherence to legal procedure.
According to Lukwago, the defense lost confidence in Magistrate Nantege’s ability to ensure justice after she allegedly failed to acknowledge that Besigye and Lutale had surpassed 180 days on remand, a constitutional threshold that entitles them to mandatory bail under Article 23 of the Constitution.
Furthermore, Lukwago pointed out that under Section 168 of the Magistrates Courts Act, the Nakawa Court no longer has jurisdiction over the case, as treason is triable only by the High Court.
He criticized Magistrate Nantege for refusing to forward the case file to the High Court, which is necessary for the bail application to proceed.
“She has failed to pronounce herself on the simple matter of computing the remand period,” Lukwago said.
“Even guideline 10 of the Chief Justice’s practice guidelines directs that in cases involving capital offences, if an accused person spends more than 180 days on remand, the file should be forwarded to the High Court for consideration of mandatory bail. She declined to do even that.” he added.
Lukwago emphasized that the defense is determined to pursue every legal avenue to secure a fair trial for their clients.
“This matter is extremely delicate. A conviction could lead to the death penalty. We cannot allow the case to be handled in an unsatisfactory manner,” he said.
The Nakawa Chief Magistrates Court has adjourned the matter to June 26, 2025, when a ruling will be made on whether Magistrate Nantege will recuse herself.
Meanwhile, Dr. Besigye and Hajji Lutale have been returned to Luzira Prison as they await their next appearance before the High Court, where they face charges of attempting to overthrow the government.
