Court Martial Directs Dr. Besigye, Co-accused to Plead on Amended Charges

The Uganda People’s Defense Forces (UPDF) General Court Martial sitting in Makindye has ordered Col. Dr. Kizza Besigye to take a plea on an amended charge sheet, which now includes charges of treachery.

The charges were brought against Besigye, his co-accused Obeid Lutaale Kamulegeya, and a new suspect, Captain Denis Oula, a serving UPDF officer attached to the Armoured Brigade.

The court heard that between February 2023 and November 2024, Besigye, Captain Oula, and Lutaale allegedly engaged in meetings across several countries, including Geneva, Athens, Nairobi, and various locations within Uganda. The prosecution contends that these meetings were intended to solicit logistical support and identify military targets, with the goal of undermining the security of the Uganda People’s Defense Forces.

When the charges were read, Besigye declined to respond, stating that his legal team would raise objections. Erias Lukwago, Besigye’s lawyer, challenged the jurisdiction of the Court Martial over crimes allegedly committed outside Uganda, arguing that the UPDF Court Martial does not have authority over incidents taking place beyond Uganda’s borders. Lukwago further questioned the legality of Besigye’s return to Uganda without formal extradition or deportation orders.

Martha Karua, a member of the defense team, expressed concerns about the UPDF’s jurisdiction over offenses involving arms outside Uganda, particularly in Nairobi, which she argued lies beyond the UPDF’s territorial reach. However, prosecutors led by Col. Raphael Mugisha countered, asserting that Besigye and Lutaale were lawfully returned to Uganda under a security memorandum of understanding between Uganda and Kenya, and that no legal procedures were breached.

In his ruling, Brigadier Robert Freeman Mugabe, Chairperson of the General Court Martial, upheld the court’s jurisdiction over offenses committed both in Uganda and abroad, referencing the UPDF Act. He dismissed the defense objections and ordered the accused to take a plea.

Following the ruling, Besigye’s legal team, consisting of Erias Lukwago and Ernest Kalibala, filed a request for the case to be referred to the Constitutional Court. They argued that the UPDF Court Martial oversteps its mandate by trying civilians and that the proceedings risk being biased due to the UPDF’s involvement in all aspects of the case. Additionally, they criticized the lack of clarity in the charges against Besigye and Lutaale.

Besigye, a prominent opposition leader, has faced multiple legal challenges in the past, including charges of treason and rape, but has never been convicted.