KAMPALA, Uganda — Jailed opposition leader Dr Kizza Besigye and his co-accused, Hajji Obeid Lutale, have filed a fresh application before Uganda’s High Court seeking to halt criminal proceedings against them, arguing that alleged violations of their constitutional rights have irreparably compromised their right to a fair trial.
The two men, who face charges of treason and misprision of treason, contend that their prosecution has been tainted by what they describe as unlawful abduction from Kenya, prolonged detention, torture, and public statements allegedly made by Chief of Defence Forces (CDF) Gen. Muhoozi Kainerugaba that prejudged the case.
The application names Gen. Muhoozi, Col. Peter Ahimbisibwe, Lt. Col. Ephraim Byaruhanga and the Attorney General as respondents.
Through their lawyers, Dr Besigye and Lutale are seeking declarations that their alleged arrest in Nairobi on November 16, 2024, and subsequent transfer to Uganda were unlawful.
According to court filings, the pair claim they were seized while attending a book launch hosted by Kenyan lawyer and politician Martha Karua and transported to Uganda without formal extradition proceedings.
They further allege that they were held incommunicado at Makindye Military Barracks for four days, denied access to legal counsel, family members and medical personnel before being arraigned before the General Court Martial.
Their lawyers argue that the alleged actions violated constitutional protections against arbitrary detention, torture and denial of due process.
The application also cites the Supreme Court decision in Attorney General v Michael Kabaziguruka, arguing that the continued prosecution of civilians following earlier military court proceedings raises constitutional questions.
A central pillar of the application concerns a series of social media posts allegedly made by Gen. Muhoozi regarding Besigye’s case.
Court documents cite multiple posts that the applicants argue amounted to public declarations of guilt, threats of extrajudicial punishment and interference with judicial independence.
Among the statements referenced is a January 2025 post that allegedly stated: “We will hang KB on Heroes’ Day.”
Other posts cited in the application allegedly suggested that Besigye would remain in prison until execution or until he apologised to President Yoweri Museveni.
The applicants argue that the statements undermined the constitutional presumption of innocence and created an environment incompatible with a fair trial.
“The statements, individually and cumulatively, constitute direct threats to life, psychological and mental torture, public prejudgment of guilt, and interference with the independence and impartiality of the court,” the application states.
The application further raises concerns about delays in the prosecution’s disclosure of evidence and argues that the cumulative effect of the alleged violations has made a fair trial impossible.
In a supporting affidavit, human rights lawyer Tumusiime Kakuru argues that the case should be terminated because the alleged constitutional violations cannot be remedied within the existing proceedings.
The applicants are seeking orders nullifying the criminal case, their unconditional release, medical treatment and rehabilitation for alleged torture-related trauma, as well as legal costs.
As of the filing of the application, court records indicated that the Attorney General and other respondents had not yet submitted formal responses.
The latest application emerged as proceedings before Justice Emmanuel Baguma continued to focus on preparations for the treason trial.
Defence lawyers led by Erias Lukwago, Frederick Mpanga and Ernest Kalibala objected to what they described as efforts to advance the trial before several pending applications had been resolved.
Following submissions from both sides, Justice Baguma appointed three assessors—John Musana, Sarah Babirye and Richard Okello—whose role will be to provide non-binding advisory opinions to the court at the conclusion of the trial.
The judge directed that the assessors’ details be supplied to the defence before they are sworn in.
Baguma also instructed court officials to prioritise access for elderly persons, relatives and other authorised attendees due to limited courtroom space.
In addition, he noted that prison authorities had indicated a willingness to facilitate meetings between the accused and their legal teams, including requests for access to electronic equipment necessary for trial preparation.
The court directed the parties to resolve all preliminary issues before trial and ordered the prosecution to present its first witness on June 11, 2026.
Also Read: The betrayal of a comrade: Why Museveni must end the ‘endless injustice’ against Besigye
During the proceedings, Besigye questioned whether pre-trial processes had been fully concluded, arguing that constitutional challenges raised by the defence remained unresolved.
The judge later adjourned proceedings before Besigye completed his remarks.
Besigye, Lutale and Captain Denis Oola remain on remand pending the commencement of the trial.
The three accused are jointly charged with treason over allegations that they participated in a plot to overthrow the Ugandan government.
Prosecutors allege that meetings were held in Geneva, Athens, Nairobi and Kampala to solicit funding, acquire weapons and organise paramilitary operations.
The state further claims the accused sought military equipment, including surface-to-air missiles, and planned attacks targeting President Yoweri Museveni.
According to prosecutors, the case is supported by audio and video recordings, social media communications, immigration records and telephone data.
The accused deny the allegations.
