Besigye, Lutale seek bail in High court

Rtd Col Dr Kizza Besigye and Obeid Lutale have applied for bail in the High court, arguing that they are law-abiding citizens of advanced age facing bailable charges of treason and misprision.

In their joint application, Besigye and Lutale, aged 68, assert that they have permanent places of residence and pose no threat to any investigative or judicial process. They pledge to appear before the court as required once granted bail.

According to their lawyers, Besigye and Lutale’s legal history demonstrates their respect for the rule of law, as they have consistently adhered to bail conditions in the past. To support his application, Besigye submitted an affidavit highlighting that he has attended court more than a hundred times for various charges, none of which have ever resulted in conviction.

Besigye’s bail application, spanning 79 pages, details his legal history, previous court rulings, and his consistent compliance with judicial requirements. Lutale and Besigye have enlisted 13 law firms to represent them in this case.

“That, being a law-abiding citizen, I am not going to commit an offence while on bail and from my record, I have never committed any offence or been convicted in respect of any of the numerous charges that have been brought against me. Over the years, I have been charged with various grave offences including rape, treason and terrorism, as well as many other minor offences and none of these has ended in a conviction,” states Besigye.

Besigye, a four-time presidential candidate (2001, 2006, 2011, and 2016), also detailed his military and political background, including his service as a retired colonel in the Uganda People’s Defence Forces (UPDF), his participation in the 1981-1986 bush war, and his tenure as minister of state for Internal Affairs, National Political Commissar, and commandant of the Masaka Mechanized Regiment.

He further noted his role as a delegate in the Constituent Assembly that debated and adopted Uganda’s 1995 Constitution, as well as his leadership in the Forum for Democratic Change (FDC) and the newly forming People’s Front for Freedom. Besigye emphasized that he has always advocated for peaceful, non-violent means to ensure governance in accordance with the Constitution. He asserted his right as a Ugandan citizen to engage in lawful political activities and governance matters.

“I am simply being persecuted for my defence of the Constitution of Uganda and for insisting on the observance of the rights of all citizens of Uganda to live freely, organize themselves for lawful and peaceful political and governance purposes and activities, and to aspire for leadership to ensure a just, free and fair society where opportunities are available for all, good governance is the norm and where corruption is eliminated,” adds Besigye.

Besigye states that he and Lutale were arrested on November 16, 2024, while attending a book launch in Nairobi, Kenya, at the invitation of Kenyan senior counsel and former minister Martha Karua. He alleges that they were unlawfully abducted by Ugandan security agencies, transported back to Uganda overnight without due process, and detained incommunicado at Makindye Military Barracks.

“We were denied the rights that a person who has been arrested is entitled to. We were denied access to lawyers, and medical doctors, we were kept in a place that is not gazetted for the imprisonment of civilians, we were denied access to family members, and we were not told the reason for our arrest. Instead, we were vigorously interrogated,” Besigye stated in his affidavit.

On November 20, 2024, they were arraigned before the General Court Martial in Makindye and charged with security-related offences under Section 128(1)(f) of the UPDF Act, as well as unlawful possession of firearms and ammunition under the Firearms Act. They were subsequently remanded to Luzira Prison.

On January 14, 2025, the charge sheet was amended to include additional offences and a new co-accused, Capt. Denis Oola. Besigye and Lutale protested their trial in the military court, arguing that civilians should not be tried by the General Court Martial. Their objections were ignored.

However, on January 31, 2025, the Supreme court ruled in a case brought by former MP Michael Kabaziguruka that the trial of civilians in military courts is unconstitutional. Following this ruling, Besigye and Lutale were not presented before the Court Martial on February 3, 2025, and remained in prison without any valid remand warrants.

On February 21, 2025, Besigye was charged with treason before the Nakawa court, a charge he denies. He argues that his prosecution is politically motivated, aimed at punishing him for defending constitutional rights and advocating for political freedoms in Uganda.

Besigye and Lutale contend that, given their advanced age, continued detention under harsh conditions poses significant health risks. They have now spent over 100 days in remand without any indication of when investigations will conclude or when their trial will commence.

Besigye emphasized his history of complying with bail conditions, noting that in 2005 he was granted bail on treason and rape charges, attended all court proceedings, and was ultimately acquitted of rape while the treason case was dismissed by the Constitutional court in 2010.

Similarly, he was charged with treason again in 2016 following the general elections, granted bail, and complied with conditions until the case was withdrawn in 2019 without his knowledge.

The High court has yet to set a date for the bail hearing. Meanwhile, Nakawa Chief Magistrate Esther Nyadoi, citing lack of jurisdiction over the capital offenses, has further remanded Besigye and Lutale until March 7, 2025.