Four time presidential candidate Col. (Retired) Dr. Kizza Besigye and Hajj Obeid Lutale have petitioned the Constitutional Court, challenging the legality of the charges brought against them in the Court Martial, as well as the process leading to their arrest and subsequent prosecution.

Besigye and Lutale are jointly charged with Captain Denis Oola from the UPDF’s Armored Brigade.

The three individuals are accused of five offenses, including treachery and illegal possession of firearms and ammunition, which they have denied. 

The prosecution claims that between February 2023 and November 2024, the three accused individuals held meetings in various international cities, including Geneva, Athens, and Nairobi, as well as within Uganda, particularly in Kampala Metropolitan. 

Besigye, who claims in the petition that he is a member of an opposition political party, People’s Front for Freedom, that seeks to lawfully change the current Government, contends that he and Lutale are illegally held on remand at Luzira prison, where they continue to undergo trial for offenses for which the General Court Martial lacks territorial jurisdiction, having been allegedly committed outside Uganda.

The petitioners are challenging the constitutionality of the charges, citing several sections of the Constitution and the UPDF Act.

Specifically, they are challenging Section 119 of the UPDF Act, arguing that it is unconstitutional as it purports to oust the jurisdiction of the High Court in matters relating to the trial of civilians by the court martial. 

Besigye has hired a team from 13 law firms led by Lukwago and Company Advocates and Alaka and Company Advocates to fight off the charges. 

Lawyer Erias Lukwago says they are also seeking an interim injunction blocking the Court Martial from continuing the trial of Besigye and Lutale until the petition is determined, and an order from the court to quash the charges.

The petitioners are also seeking damages for the violation of their rights, including their right to a fair trial, their right to equality before the law, and their right to freedom from arbitrary detention.

The petition comes just hours before the long-awaited Supreme Court decision that will determine whether the General Court Martial should continue trying civilians.  

The decision, expected on Friday, will arise from an appeal filed by the Government against former MP Michael Kabaziguruka, who successfully challenged his treachery trial in the General Court Martial. 

By Our Reporter

30 Jan 2025

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