Besigye, Lutale bail ruling in treason case for next month

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The bail ruling for four-time presidential candidate Dr Kizza Besigye and his aide, Hajj Obeid Lutale, has been scheduled for April 11, 2025.

The duo is facing charges of treason and misprision of treason together with the Uganda People's Defence Forces (UPDF) officer, Captain Denis Oola, who is attached to the armoured brigade.

Justice Rosette Comfort Kania of the High Court’s Criminal Division had scheduled a bail application hearing for today, March 14, 2025.

However, Chief State Attorneys Richard Birivumbuka and Joseph Kyomuhendo, representing the Office of the Director of Public Prosecutions, informed the court that they were not prepared to proceed with the hearing.

Dr Kizza Besigye (left) and his aide, Hajj Obeid Lutale who are facing charges of treason and misprision of treason, appearing at high court, Kampala for bail application on Friday, March 14, 2025. Photo by Margaret Zalwango)

Birivumbuka told the court that they were served with the affidavits in support of the bail application for Besigye and Lutale two days ago.

Nevertheless, the court allowed Besigye and Lutale to present their sureties. Besigye’s sureties included Kiira Municipality MP Ibrahim Ssemujju Nganda, Buhweju County MP Francis Mwijukye, Bukonzo East County MP Tonny Muhindo and Kabale Municipality MP Nicholas Kamara.

Lutale’s sureties were his wife Halima Nagitta, brother Hamza Ssewankabo and his daughter Zurah Nanfuka.

The judge directed the parties to file their submissions by March 31, 2025, on which she will base to craft her bail ruling.

In a bail application filed at the High Court on February 27, 2025, Besigye and Lutale argued that their advanced ages of 68 and 65, respectively, make it difficult for them to cope with the harsh prison conditions they have experienced during their 100-day detention at Luzira Prison.

Besigye and Lutale emphasised their status as responsible citizens with permanent residences in Wakiso district at Buyinja LC1 Wampeewo Ward Kasangati and Mutundwe ward Gombolola Ssabagabo Makindye, respectively.

They assured the court that they pose no threat to investigative processes and are willing to appear for trial as required once released on bail. The court is yet to schedule a hearing date for the bail application.

Besigye and Lutale were abducted by Uganda’s security forces on November 16, 2024, in Nairobi, Kenya, where they had travelled to attend a book launch by Kenyan politician Martha Karua. Karua is now Besigye’s lead lawyer.

They were later forcibly returned to Uganda, detained at Makindye Military Barracks, and arraigned at the General Court Martial on charges related to security and illegal possession of firearms.

However, due to a jurisdictional issue, their case was transferred to a civilian court, as Besigye and Lutale are civilians. They were subsequently charged with treason and misprision of treason at Nakawa Chief Magistrates Court and remanded to Luzira Prison.

Allegations

It is alleged that Besigye, Lutale, Oola and others still at large between 2023 and November 2024 at various places/countries, including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya and Kampala in Uganda, contrived a plot act by force of arms to overturn the Government of Uganda as by law established and expressed or declared such a plot, act, or matter by utterances and overt acts.

According to the charge sheet, Besigye, Lutale, Oola and others still at large between 2023 and November 2024, in the same countries, knowing that another person intended to commit treason, did not give information thereof with all reasonable dispatch to the minister, an administrative officer, a magistrate, or an officer in charge of a police station or use all reasonable endeavours to prevent the commission of treason.

Particulars of overt acts

Prosecution alleges that the accused persons travelled to various countries, including Switzerland, Greece, Kenya for purposes of attending meetings to further the plot to overturn the Government of Uganda.

Court documents indicate that the accused persons attended meetings with various individuals both physically and virtually in various places, including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya and Kampala in furtherance of the plot to overturn the Government of Uganda.

According to the court documents, the accused persons provided logistical support and organising for several Ugandan citizens to travel to Kisumu, Kenya for the purpose of receiving training in various military and intelligence gathering techniques.

It is further alleged that the trio solicited military, financial and other logistical support to overturn the Government.