Besigye, Lutale And Capt Ola Sent Back To Luzira Until Tomorrow

The Makindye based General Court Martial has remanded back to Luzira Rtd Col. Dr. Kizza Besigye and two of his co-accused, Hajji Obeid Lutaale Kamulegeya and Captain Denis Ola, who are jointly charged with treachery and illegal possession of fire arms.

Brigadier Robert Freeman Mugabe the chairman of this court, remanded the accused until January 14, 2025, when the court will decide whether it has jurisdiction to try the case.

This follows earlier submissions after Besigye declined to plead to the charges on January 13, 2025.

Besigye has refused to plead to the new charges of treachery and continues to challenge the jurisdiction of the General Court Martial to try non-soldiers for offenses allegedly committed outside Uganda.

Through his lawyers, led by Erias Lukwago and Martha Karua, Besigye argues that the General Court Martial lacks territorial jurisdiction to try offenses committed beyond Uganda’s borders.

 Lukwago explained that, according to the charges, the accused are alleged to have committed offenses in Greece, Switzerland, and Kenya, where they are accused of being found with weapons—items that, according to Besigye and his legal team, are a monopoly of the defense forces.

They argue that the weapons in those countries can only be considered a monopoly in their respective jurisdictions, not in Uganda.

Martha Karua and Lukwago contend that the charges are defective, as it is not clearly stated that the weapons were a monopoly of the UPDF, particularly when Kenya, Switzerland, and Greece have competent courts to try offenses committed within their borders.

Besigye also contests the manner of his arrest in Kenya and extradition to Uganda, claiming it did not follow due process.

 "Had they been fugitives, the Ugandan Minister of Justice would have initiated the judicial process by writing to his Kenyan counterpart to request their extradition". Stated senior counsel Karua Al However, the state prosecutors led by Col Raphael Mugisha  insist that other inter-state arrangements beyond extradition and deportation were used to bring the suspects back to Uganda to face trial.

The prosecutors argue that Lutaale and Besigye were brought to Uganda lawfully due to inter-state arrangements between the two countries, which go beyond the extradition and deportation processes and the court martial has all the jurisdiction to try Besigye and his co-accused. 

Judge Advocate Brigadier-General Richard Tukacungurwa has ealier told  stated that Court has already ruled in the matter of jurisdiction and it has all the powers to try Beasigye and the co-acussed on the matter.

He questioned the necessity of lawyer Erdon Kizza’s presence for the defense to proceed, citing the availability of over 30 other lawyers as had earlier raised by the defence team that they were not fully constituted without their learned collegue Eron Kiiza who is currently serving a 9 months sentence over contempt of court.