Treason case: Besigye returns to court today

_______________

The trial of four-time presidential candidate Dr Kizza Besigye and his aide, Hajji Obeid Lutale, resumes today, March 12, 2026, at the Criminal Division of the High Court in Kampala.

Besigye and Lutale are jointly charged with treason and misprision of treason alongside Capt. Denish Oyaa Oola of the Uganda People’s Defence Forces, attached to the Armoured Brigade. The offence attracts a maximum sentence of death upon conviction.

On February 24, the High Court presided over by Justice Emmanuel Baguma was drawn into a heated exchange between the prosecution and defence over delays in the disclosure of evidence to the defence team.

However, the Assistant Director of Public Prosecutions (DPP) Thomas Jatiko told the court that the State had made a partial disclosure of its evidence.

Jatiko said the prosecution had provided the defence team with transcribed audio and video materials, witness statements and other documentary evidence.

He explained that the materials were being prepared in a user-friendly format, including storage on flash disks to enable all 18 defence lawyers to access the evidence. He added that a forensic report would accompany the disclosures.

“We have made partial disclosure, and if given until next week, we will have completed full disclosure,” Jatiko said, as he sought an adjournment to finalise the process. He was assisted by Chief State Attorney Richard Birivumbuka.

However, defence lawyer Erias Lukwago objected, arguing that disclosure had been ordered earlier by the court and should have been completed before the day’s proceedings.

Lukwago said the record of proceedings from December 30, last year, indicated that full disclosure was to be made by January 21, this year.

He faulted the prosecution for failing to comply with what he described as clear timelines set by court.

“We were only given one file marked ‘Volume 1’, and we do not know how many volumes the DPP intends to rely on,” Lukwago submitted.

He submitted that the Trial Indictment Act (TIA) provides for 14 days within which disclosure should be made, and said the explanation for the delay was unsatisfactory.

According to Lukwago, any further delay would prejudice the accused, particularly given concerns about Dr Besigye’s health following the court’s earlier refusal to grant him bail.

He invited the court to take cognisance of the missed January 21 this year's deadline and issue appropriate orders to the prosecution.

In response, Jatiko maintained that when the matter came up on December 30, 2025, the court’s directives mainly concerned the appointment of assessors and scheduling.

He argued that there was no specific order mandating disclosure by January 21, this year, adding that it was the prosecution that volunteered to undertake partial disclosure.

He said the process had taken time because the materials needed to be transcribed into an accessible format for many defence lawyers.

Defence counsel Eron Kiiza also objected to proceeding with the scheduling of the case before full disclosure of evidence, saying it was impossible to prepare their client's defence without knowing the complete case against their client.

“There has been procrastination and further delays by the prosecution,” Kiiza stated.

Another defence lawyer, Ernest Kalibala, told court he was not ready to assist in scheduling the matter until full disclosure of evidence was made, insisting that the defence must first know what is on record.

After hearing both sides, the judge ordered the prosecution to make full disclosure by March 3, this year, citing the interest of justice and the nature of the case.

Defence lawyer Fred Mpanga had earlier suggested that the court reconvene after a month to allow counsel adequate time to consult their clients, send copies of the disclosed materials to prisons, and review the evidence.

The case

Prosecution alleges that Besigye, Lutale, Oola and others, still at large, between 2023 and 2024 in various countries, including Switzerland, Greece, Kenya and in Kampala (Uganda), contrived to overturn the Government of Uganda by force of arms.

According to the charge sheet, the accused, knowing that another person intended to commit treason, did not give information to Ugandan authorities to prevent the commission of treason, which is tantamount to misprision of treason.