The High Court in Kampala began hearing the treason case against jailed opposition politician Dr Kizza Besigye in his absence. At the commencement of the trial, the prosecution asked the court to proceed without him. Criminal Division Judge Emmanuel Baguma allowed the trial to continue after an Assistant Superintendent of Prisons, Emmanuel Hiire, told the court that Besigye had declined to physically attend the proceedings despite being informed that he could participate virtually.
Hiire told the court that Besigye was unable to appear. However, Besigye’s co-accused, Hajji Obeid Lutale, disputed the prison officer’s account, saying Besigye was not refusing to attend court but had been hospitalised.
Lutale told the court that he had been sharing Ward 18 at the prison with Besigye and seven other inmates, but that Besigye had not been in the ward since August 4. He said Besigye had since been admitted to the Prison Staff Hospital. Lutale challenged Judge Baguma to visit the prison and establish Besigye’s condition if he doubted his account.
He likened such a visit to a locus visit conducted by judges in land disputes. Judge Baguma declined to make such a visit, saying he had received a medical letter from Mulago Hospital addressed to the Commissioner General of Prisons and dated August 17. The judge said the letter indicated that Besigye was unable to speak but was capable of following the court proceedings.
The prosecution, represented by Assistant Director of Public Prosecutions Thomas Jatiko and Chief State Attorney Richard Birivumbuka, then asked the court to proceed with the trial in Besigye’s absence.
Birivumbuka described Besigye’s absence as “another game and another episode” in what he characterised as attempts to frustrate the prosecution’s case. He told the court that Besigye had disrupted proceedings on July 29 before he fainted and subsequently indicated that he was unwilling to return to the court.
The prosecution also argued that Lutale had previously asked to visit Besigye in hospital to discuss how they could reconstitute their legal team but had now invoked constitutional rights in a manner that, according to the State, was delaying the trial.
To support its application, the prosecution cited previous cases in which courts proceeded against accused persons in their absence. These included the case of Dr Mathew Kirabo, who was convicted in absentia by the Mukono High Court for the murder of his girlfriend and later became subject to an arrest warrant to serve a 30-year prison sentence.
The State also cited the trial of Jamilu Mukulu, the alleged commander of the Allied Democratic Forces, in which the prosecution said the court proceeded with witness testimony after Mukulu declined to return to court following a break. The prosecution further referred to the case of Herbert Kabafunzaki, who was tried and convicted in absentia on corruption-related charges.
Following the submissions, Judge Baguma ruled that the trial could proceed in Besigye’s absence. Captain Denis Oola and Lutale remained in the dock. State-appointed lawyers Sylvia Namawejje Ebitu, Sarah Awero and Julius Sserwambala told the court that they had instructions to represent Oola alongside lawyers of his choice, including Major Simon Busagwa Nsubuga.
They said, however, that they had no instructions to represent either Besigye or Lutale. Lutale insisted that the court record should reflect that he was proceeding with the trial without legal representation.
With the question of Besigye’s attendance settled, the court proceeded to hear evidence from the prosecution’s first witness, Andrew Wilson, a Kurdish national and private investigator based in Florida, United States.
Wilson’s testimony was heard afresh before Judge Baguma. He told the court that he first came into contact with Besigye through Joel Wakayima, a Ugandan based in Switzerland. According to Wilson, Wakayima approached him in 2021 seeking security and paramilitary training for individuals in Uganda and abroad, allegedly to overthrow the Ugandan government.
Wilson said he later met former Bugabula Member of Parliament Proscovia Salaamu m Musumba and subsequently met Besigye and Lutale in Nairobi on November 16, 2024. He told the court that the Nairobi meeting had been presented as a training session for journalists to conceal its alleged purpose.
Wilson said he provided security training to participants during an online meeting and that the best-performing trainees were expected to undergo advanced training. He alleged that the training would involve explosives and drone technology, which he said was intended to facilitate attacks against Ugandan officials and embassies in Uganda and abroad.
Wilson further testified that discussions included the acquisition and circulation of counterfeit currency as a means of disrupting Uganda’s economy. The witness also alleged that the participants discussed establishing a shadow government, with several people, including former Kampala Lord Mayor Erias Lukwago, expected to be invited.
Wilson told the court that Wakayima introduced him to Besigye in Geneva, Switzerland, after initially contacting him through an email address on his website. The two later continued communicating through WhatsApp. He said he subsequently forwarded screenshots of their conversations to a UPDF officer identified as General Otto, whom he said he had come to know through a colleague working in Somalia.
The prosecution alleges that Besigye later met Wilson, whom it describes as an alleged Kurdish intelligence operative, and received US$5,000 to facilitate the transportation of 36 Ugandans to Kisumu, Kenya, for military training. The State alleges that the recruits were intercepted and deported before the training could take place.
Prosecutors further allege that Besigye sought to acquire surface-to-air missiles, ricin poison and counterfeit currency, and planned to use drones in an attempt to assassinate President Yoweri Museveni.
The prosecution alleges that Besigye, Lutale and Oola held meetings in Uganda, Kenya, Greece and Switzerland as part of a plan to solicit funding, acquire weapons and organise paramilitary activities aimed at overthrowing the government. The State says it intends to rely on witness testimony, audio and video recordings, social media communications, immigration records and telephone data in support of the charges.
The trial resumes on Wednesday, with Judge Baguma directing that proceedings will run daily from morning until 5 pm. Meanwhile, the Judiciary’s decision to prohibit phones, recording watches and bags inside the courtroom caused tension between court officials and journalists covering the proceedings.
Several journalists protested the restriction and remained outside the courtroom, arguing that they rely on their phones to report proceedings promptly. The journalists sought clarification from the Chief Registrar of the Judiciary and were advised to wait and raise their concerns with the presiding judge.
Besigye, Lutale and Captain Oola are jointly charged with treason over allegations that they plotted to overthrow the Ugandan government. They deny the charges-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
