Uganda Court Martial Orders Besigye to Take Plea After Dismissing Defence Objections

Francis Isaano/Nile Post

Dr Kizza Besigye in the dock at the military court in Makindye.

14 January 2025

Nile Post (Kampala)

By Shamim Nabakooza

The General Court Martial in Makindye has directed Dr Kizza Besigye to take a plea, dismissing all objections raised by his defence team regarding the trial's legitimacy.

The defence, led by Kenyan senior counsel Martha Karua, had objected to the prosecution's move to amend the charge sheet to include a UPDF soldier.

They argued the amendment sought to pre-empt their jurisdictional challenge.

On Tuesday morning, Brigadier-General Freeman Mugabe, chairman of the court martial, rejected claims that Dr Besigye and his associate Hajj Obeid Lutale were abducted from Kenya.

"The court finds that there is no extradition treaty that was breached," Gen Mugabe ruled.

"The agreement on defence and security for suspected serious crimes did not amount to abduction."

Dr Besigye and Hajj Lutale were reportedly taken from Nairobi on November 16, where they had attended a book launch by Ms Karua.

The duo was extradited to Uganda without following international extradition protocols, with Dr Besigye later claiming there were no border checks during their transfer.

Their abduction became public three days later when Dr. Besigye's wife, Winnie Byanyima, informed the media of his disappearance in Nairobi.

Within 24 hours of the media revelations, the military charged the pair with endangering the security of defence forces and illegal possession of firearms, including two pistols.

Dr Besigye, a retired Colonel instrumental in the 1986 bush war that brought the current government to power, challenged the validity of the charge sheet, citing defects under UPDF Regulations 22 and 23.

The defence also argued that the UPDF lacked universal jurisdiction to prosecute alleged crimes committed in Kenya and Switzerland.

However, Gen. Mugabe maintained that the charges fall under Ugandan law and are subject to the UPDF Act, which supersedes jurisdictional concerns.

"Jurisdiction is a creature of statute and gives this court powers to try this matter," he said. "There is no defect in the charge sheet since they are charged under Ugandan law. This court has jurisdiction, and objections are dismissed. The accused should take plea."

The controversial trial has sparked widespread debate, exacerbated by the arrest of defence lawyer Eron Kiiza in court. Kiiza was summarily convicted for contempt of court and sentenced to nine months in prison without trial.

The trial of Dr Besigye and Hajj Lutale continues to raise questions about the adherence to legal and international protocols, with the defence team vowing to pursue justice despite the court's rulings.

Read the original article on Nile Post.