The General Court Martial handling former opposition leader Dr Kizza Besigye’s case has rejected an application by defense lawyers to drop the treachery charges heaped on their clients.
Presiding chairperson of the court martial Brigadier General Mugabe Freeman on January 14, 2025, ruled that the arrest process was lawful and that the court has the authority to try the accused under Ugandan law.
“There’s no defect in the charge sheet because the accused are charged under Ugandan law, the UPDF Act, which clearly defines defense forces to mean Uganda People’s Defence Forces,” Mugabe said.
In his submission, Brigadier Mugabe advised Besigye and Obeid Lutale to take a plea to the treachery charges in order for the case hearings to proceed.
“After listening to submissions by both councils on whether this court has territorial jurisdiction to try the accused for crimes allegedly committed in Kenya, we rule that this court has jurisdiction and the accused should take a plea,” Mugabe said.
On the allegations of Besigye’s kidnap from Kenya to Uganda, Mugabe revealed that there was a memorandum of understanding between the two countries that aids such operations.
“Dr Kizza Besigye and co-accused Hajj Obeid Lutale were not kidnapped and are in Uganda legally,” Brigadier Mugabe said.
On Monday, January 13, 2025, the prosecution introduced a new charge and a new suspect, Captain Dennis Ola, a serving officer with the UPDF Armory Brigade.
Besigye’s lawyers had argued that the court lacks territorial jurisdiction to try offenses committed beyond Uganda’s borders, noting that the charge sheet alleges the offenses occurred in Greece, Switzerland, and Kenya.
They also disputed the legality of Besigye’s arrest in Kenya and subsequent extradition to Uganda, claiming it did not follow due process.
The defense team requested that the court strike out the charge sheet due to these defects, but the state maintains that interstate arrangements were used to return the suspects to Uganda for trial.
With the ruling on jurisdiction out, in order for the case to proceed, Dr Kizza Besigye and co-accused must take a plea of guilty or not guilty.
