Retired Col Dr Kizza Besigye and Hajj Obeid Lutale have petitioned the Constitutional court, challenging the legality of their prosecution before the General Court Martial.
The two, along with Captain Denis Oola from the Uganda People’s Defence Forces (UPDF) armored brigade, face five charges, including treachery and illegal possession of firearms. They have denied all accusations.
According to the prosecution, between February 2023 and November 2024, the trio allegedly held meetings in various international cities including Geneva, Athens, and Nairobi – as well as within Uganda, particularly in Kampala Metropolitan. These meetings reportedly aimed at soliciting logistical support and identifying military targets to undermine UPDF security.
Besigye and Lutale are also accused of possessing two pistols, a 27KAL No.765 and an HB 1015 1953 model along with eight rounds of ammunition. The prosecution argues that these firearms are strictly reserved for UPDF use, making their possession unlawful.
In their petition, Besigye and Lutale argue that their trial before the General Court Martial is unconstitutional. They claim that the General Court Martial lacks jurisdiction over them, as civilians cannot be tried in a military court for offences allegedly committed outside Uganda.
They argue that Sections 119 and 120 of the UPDF Act violate constitutional principles by subjecting civilians to military prosecution without proper legal safeguards and that their arrest, detention, and repatriation from Kenya were illegal, constituting a violation of their rights.
Besigye, who identifies as a member of the opposition People’s Front for Freedom, argues that the charges are politically motivated and part of an orchestrated effort to silence dissent.
A key element of the petition is the claim that Besigye cannot receive a fair trial before the General Court Martial. His legal team, led by Lukwago and Company Advocates and Alaka and Company Advocates, cites statements made by Chief of Defence Forces (CDF) Gen Muhoozi Kainerugaba.
According to the petition, Muhoozi posted on his X account (formerly Twitter) that Besigye would be executed on Heroes’ Day (June 9) and later moved up the supposed execution date to March 9. While Muhoozi’s associates have claimed his account was hacked, Besigye’s lawyers argue that such threats compromise judicial independence and violate his right to a fair hearing.
“One of the facts we have highlighted here is the threat issued by Gen Muhoozi that by 9th of June, Dr Besigye will have been executed. He actually said on 9th June – that is Heroes Day, Dr Besigye is going to be hanged in Gulu and that the tree is already identified where he’s going to be tied and subjected to a firing squad – meaning that actually the trial going on is a sham, just a perfunctory process awaiting just the final decision taken by Gen Muhoozi and the powers that be that Dr Besigye should be executed,“ said Lukwago.
Besigye’s legal team argues that these remarks prove the trial is a mere formality, with a predetermined outcome dictated by the country’s leadership. The petitioners are requesting a declaration that their prosecution is unconstitutional, an interim injunction preventing the General Court Martial from proceeding with the trial until the Constitutional court rules on their petition. They also seek an order quashing the charges against them and compensation for the violation of their fundamental rights.
The petition comes just hours before a highly anticipated Supreme court ruling that will determine whether the General Court Martial has the authority to try civilians. The case stems from an appeal filed by the government against former MP Michael Kabaziguruka, who successfully challenged his treachery trial in the military court.
besigye n hlutale were not arrested, but kidnapped from kenya
the pistols freeman is talking about have updf numbers, so they are not among the monopoly of updf
the court martial is not under a judge, not even a magistrate, but a chairman, so its not a court but maybe a team to remind updf soldiers of updf conduct
As a country, we need to come to grips with the fact that we’re under a militant rule. There’s no such a thing that we have 3 [independent] branches of govt, executive, parliament and judiciary. We only have a militant rule and all the 3 branches of govt are under M7, his family, relatives, tribesmen and militants.
Therefore, there’s not rule of law but rule of M7, his family, relatives, tribesmen and militants. That’s why the supreme court has taken that long to make a ruling on the issue of trying civilians in militant courts. The supreme court led by the chief of hardcore organized criminal, Owny Dollo, purposely delayed their decision in order deny us, Ugandans, justice, because, justice delayed is justice denied. It’s unlikely that the supreme court will uphold the appeal’s court ruling that the militant, court has no jurisdiction to try civilians. It would be surprising if they do so, because to rule as such , would have far reaching implications , which 7 cant “allow” to happen,
Remase, thanks.
Ugandans MUST say NO to the tribalitic system & UNITE under just ONE of them, then they will have the power to block Rwandese Museveni who is using them against one another to own Uganda, tax money, control every institution.
What are Ugandans waiting for; next fake presidential election to ensure Museveni’s 45 years of ownership of their land?