Uganda’s opposition leader, Dr Kizza Besigye and his colleague, Hajj Obed Lutale, have been remanded to Luzira Prison till December 2, 2024 on charges of illegal possession of two pistols and eight rounds of ammunition.
The duo on Wednesday, November 20, 2024 appeared before Makindye General Court Martial chaired by Brigadier Freeman Mugabe.
The charges follow what Besigye’s allies describe as a dramatic abduction from Nairobi, Kenya, over the weekend.
Besigye’s disappearance on Saturday, November 16, in the affluent Westlands suburb of Nairobi sparked widespread concern among supporters and members of the Forum for Democratic Change (FDC).
Besigye was this afternoon delivered to the court by heavily-armed military personnel.
The state also submitted that Besigye and Lutale while at Riverside apartments in Nairobi, Kenya, were found in an awful possession of a pistol HB, 10141953, which is ordinarily the monopoly defense forces.
Charge sheet. Count 1: Offenses relating to security contrary to section 128(1) of the UPDF Act. Prosecution stated that Col (Rtd) Dr Kizza Besigye, Hajj Obed Lutale, and others still at large, between October 2023 and November 2024 while in cities of Geneva in Switzerland, Athens in Greece, and Nairobi in Kenya, held meetings aimed at soliciting for logistical support and identifying military targets in Uganda.
Count 2: Possession of firearms contrary to Section 4, Subsection 1 and 2 of the Firearms Act.
Prosecution further stated that Besigye and Lutale while at Riverside apartments in Nairobi, Kenya were found in unlawful possession of a pistol which is ordinarily the monopoly of the defense forces.
Count 3: Unlawful possession of firearms, contrary to Section 4, Sub Section 1 and 2 of the Firearms Act.
The state also submitted that Besigye and Lutale while at Riverside apartments in Nairobi, Kenya, were found in an awful possession of a pistol HB, 10141953, which is ordinarily the monopoly defense forces.
Count 4: Unlawful possession of ammunition contrary to Section 4, Subsection 1 and 2 of the Firearms Act.
According to the prosecution, “Besigye and Lutale on 16th November 2024 while at Riverside apartments in Nairobi, Kenya, were found in an unlawful position of 08 rounds of ammunition, which are ordinarily the monopoly of the defense forces.”
The accused denied all the charges. Lawyer Erias Lukwago who represented the duo, said the alleged crimes committed in Kenya, Greece, and Switzerland should be dismissed.
“Mr. Chairman, when you look at the particulars of all these four counts, they relate to offenses allegedly committed outside the jurisdiction of this honorable court,” said Lukwago.
“The first count talks about acts allegedly committed in Athens, Greece, Nairobi and elsewhere. Mr Chairman, this honorable court has no jurisdiction whatsoever to deal with offenses allegedly committed in Greece, Kenya, and Switzerland,” he added.
“All the acts referred to here in this charge sheet, or highlighted in this charge sheet do not constitute criminal offenses within the meaning of the laws of Uganda, because the UPDF Act applies to Uganda and doesn’t apply anywhere else. The boundaries of its application, the boundaries of the UPDF Act are the confines of the territory of Uganda. It does not extend to Kenya, neither does it extend to Switzerland or Geneva,” Lukwago emphasized.
“We find this charge sheet defective. It does not make reference to the laws of those respective countries where these acts are alleged to have been committed.”
He also punched holes in the manner in which the charge sheet was prepared.
“You are talking about unlawful possession of firearms contrary to Section 4, Subsection 1 and 2 of the Firearms Act. Firearms Act of which country? Because we are talking about Riverside Kenya. And in law, this is considered to be a duplex charge sheet, which is ambiguous in nature,” said Lukwago.
During the appearance, Besigye appeared physically weak but unfazed by the charges.
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Besigye speaks out. In his remarks, Besigye objected to the court of the military, “because I am not a member of the UPDF, and I ask that I be tried in a civilian court if I have committed any offense.”
The prosecutor said Section 117 of the UPDF Act enables the army to subject civilians to military law.
“I don’t have the laws with me. I cannot respond, my lawyers haven’t been briefed. I think it would be unfair to make a ruling before we have had the benefit of legal representation,” Besigye argued.
Lukwago said they were to have access to the accused persons.
“The lawyers need to have access to the accused to know the entire story and get instructions from the accused. All we know is that Dr Besigye traveled to Nairobi and we don’t know how he ended up here. We have been searching for the whereabouts of Dr. Besigye since he went missing, and we learnt that is being brought here. And as you are aware, there are so many parties that are concerned with this matter. And as one of the lawyers who are concerned in this matter, I had to step in to ensure that justice is done.”
