The Chief of Defence Forces, Gen. Muhoozi Kainerugaba, and the Attorney General have asked the High Court Criminal Division to dismiss an application by Dr. Kizza Besigye and his co-accused Hajji Obeid Lutale, seeking to terminate their treason trial, arguing that the case should proceed on its merits.
This follows an application by Besigye and Lutale in which they accuse Gen. Muhoozi of making public social media statements that allegedly prejudged their case, threatened Besigye’s life, and undermined their right to a fair hearing. In response, Lieutenant Colonel Daniel Atwiine, head of the Special Investigations Bureau (SIB) of the Uganda Peoples’ Defence Forces (UPDF), filed an affidavit opposing the application.
Atwiine maintains that the accused remain presumed innocent until proven guilty and argues that only the UPDF spokesperson is mandated to speak on behalf of the military. He further states that the criminal proceedings against Besigye and Lutale should be determined through the judicial process. Besigye and Lutale are seeking court orders declaring their prosecution unconstitutional, arguing that Gen. Muhoozi’s statements amounted to public prejudgment of guilt, threats of extrajudicial punishment, and interference with judicial independence.
They cite several alleged social media posts attributed to the CDF, including statements suggesting that Besigye would be hanged, shot, or imprisoned indefinitely. However, the respondents argue that the applicants’ right to a fair hearing has not been violated and insist they will be able to challenge the evidence during trial before a competent court. The state also rejects allegations that Besigye and Lutale were abducted from Nairobi, Kenya, in November 2024.
Atwiine states that security agencies had been investigating the duo following intelligence reports linking them to activities deemed a threat to national security. He alleges that investigators received information that the two were coordinating with individuals inside and outside Uganda to mobilise, recruit, train, and acquire arms aimed at overthrowing the government. According to Atwiine, Ugandan authorities received a tip-off from a liaison officer at the Malaba border on November 17, 2024, indicating that the two were at the crossing point.
He says a team led by Lt. Hashim Wandera was deployed to arrest them at Malaba before they were taken to Makindye Military Police Detention Centre for questioning. The affidavit denies claims that Col. Peter Ahimbisibwe and Lt. Col. Ephraim Byaruhanga participated in the arrest and rejects allegations of abduction from Nairobi. It also disputes claims that the suspects were held incommunicado, stating that they were informed of the reasons for their arrest and their rights.
Atwiine describes Makindye Military Police Detention Centre as a lawful facility and notes that the accused were later remanded to Luzira Upper Prison on November 20, 2024. On the legality of the prosecution, the respondents maintain that the case is properly before the court and arises from lawful investigations. Atwiine adds that the accused were initially charged alongside Capt. Denis Oola, a serving UPDF officer, before the matter was transferred to the civilian court system following the Supreme Court decision in Attorney General versus Michael Kabaziguruka.
He says the trio continues to face treason charges before the High Court Criminal Division. The respondents further argue that the prosecution is neither malicious nor politically motivated, but is based on evidence, facts, and applicable law. They have asked the court to dismiss the application with costs, saying the grounds raised are insufficient to halt Criminal Session Case No. 335 of 2025.
The matter is before Justice Emmanuel Baguma, who is expected to hear the application on June 30, 2026. Besigye, Lutale, and Capt. Denis Oola faces treason charges alleging conspiracy to overthrow the government. Prosecutors claim the accused held meetings in Geneva, Athens, Nairobi, and Kampala to mobilise funds, recruit fighters, and organise paramilitary operations. The state further alleges that Besigye received funds from a Kurdish intelligence contact identified as Andrew Wilson and facilitated plans linked to recruitment and training activities.Prosecutors also claim they possess audio recordings, video footage, social media messages, immigration documents, and phone logs linking the accused to the alleged plot-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
