Jailed opposition politician Dr Kizza Besigye and his co-accused, Hajji Obeid Lutale Kamulegeya, have filed a fresh application before the High Court seeking to stop criminal proceedings against them.
The two, who face charges of treason and misprision of treason, allege that their prosecution has been tainted by serious violations of their constitutional rights.
They cite alleged unlawful abduction, torture, prolonged detention and prejudicial public statements attributed to Chief of Defence Forces Gen Muhoozi Kainerugaba.
The application names Gen Muhoozi, Col Peter Ahimbisibwe and Lt Col Ephraim Byaruhanga as respondents, alongside the Attorney General.
The applicants describe Col Ahimbisibwe and Lt Col Byaruhanga as UPDF officers allegedly involved in an operation in Kenya.
Besigye and Lutale challenge arrest
Through their lawyers, Besigye and Lutale argue that the circumstances of their arrest, detention and prosecution have undermined their right to a fair trial.
They want court to declare that their alleged abduction from Nairobi, Kenya, on November 16, 2024, by Ugandan military officers was unlawful.
They also argue that the alleged manner of their transfer to Uganda makes the criminal proceedings legally untenable.
According to court documents, the pair claim they were forcibly seized in Nairobi while attending a book launch hosted by Kenyan politician and lawyer Martha Karua.
They allege that they were taken to Uganda without extradition proceedings.
They further claim they were held incommunicado for four days, denied access to lawyers, family members and medical personnel, and later arraigned before the General Court Martial.
The application also challenges their continued prosecution in light of the Supreme Court decision in Attorney General v Michael Kabaziguruka, which restricted the trial of civilians before military courts.
Muhoozi statements cited
A key part of the application concerns alleged public statements by Gen Muhoozi.
Besigye and Lutale argue that the statements prejudged the case and threatened Besigye’s life, thereby undermining his right to a fair hearing.
Court documents cite several posts allegedly made on X.
One post dated January 16, 2025, allegedly stated: “We will hang KB on Heroes’ Day. That’s the best day for him to die.”
Another post dated February 19, 2026, allegedly stated: “Besigye wanted to kill Mzee, so as far as we are concerned, UPDF, he is a dead man walking.”
A further post allegedly made in April 2026 is cited as saying: “I think we might hang Besigye by next month. If we don’t hang him, we will shoot him dead. That will be a great day for Uganda.”
The application also refers to alleged remarks that Besigye would leave prison “only in his coffin after we hang him or shoot him” or after apologising to President Museveni.
Other cited statements allegedly indicated that Besigye would not be released until he faced “the full extent of martial law.”
The applicants say the statements amount to public prejudgment of guilt, threats of extrajudicial punishment, psychological torture and interference with judicial independence.
“The 1st respondent’s 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.
Their lawyers further argue that the statements violate the presumption of innocence and place undue pressure on the trial court.
Applicants seek release and treatment
The application also raises concern over delays in the criminal proceedings.
The applicants allege that despite court orders requiring disclosure of prosecution evidence, compliance was delayed. They say this contributed to the failure of the trial to commence by June 2026.
In a supporting affidavit, advocate and human rights defender Tumusiime Kakuru argues that the cumulative effect of the alleged violations has made a fair trial impossible.
He says the applicants were initially charged before a military tribunal despite constitutional jurisprudence restricting the trial of civilians in military courts.
He also argues that the alleged procedural violations justify termination of the case.
Besigye and Lutale are seeking orders nullifying the criminal proceedings.
They also seek unconditional release, medical treatment and rehabilitation for alleged torture-related trauma, as well as costs of the application.
According to records on the Judiciary’s Electronic Court Case Management Information System, the Attorney General and the other respondents had not filed responses by the time the application was lodged.
Defence objects to pace of trial
Meanwhile, proceedings before Justice Emmanuel Baguma were marked by disagreements between the defence and prosecution over the progress of the treason trial.
The dispute centred partly on the appointment of three assessors.
Assessors are lay persons who sit with the judge during trial. They offer an advisory opinion on whether an accused person should be convicted or acquitted, although their opinion does not bind the court.
Defence lawyers led by Erias Lukwago, Frederick Mpanga and Ernest Kalibala objected to what they described as the rapid advancement of the case.
They argued that several pending applications had not yet been resolved.
After hearing both sides, Justice Baguma directed the deputy registrar and the judiciary’s head of security to prioritise court access for elderly persons, relatives and VIPs because of limited courtroom space.
The judge also noted that prison authorities had expressed readiness to facilitate meetings between the accused persons and their lawyers.
The defence had sought permission to access prison facilities with computers, laptops, notebooks, projectors, flash disks and food to prepare for trial.
Court appoints three assessors
Justice Baguma directed the parties to agree on preliminary issues before court issues a memorandum of agreed points ahead of trial.
He stressed that all preliminary matters must first be concluded.
The judge later appointed John Musana, Sarah Babirye and Richard Okello as assessors.
He said their credentials had been verified and submitted to the deputy registrar.
Justice Baguma also directed that their particulars be shared with the defence before they take oath.
The prosecution team, led by Assistant Director of Public Prosecutions Thomas Jatiko and Chief State Attorney Richard Birivumbuka, was ordered to present its first witness on June 11, 2026.
Earlier, Besigye questioned whether pre-trial proceedings had concluded.
He challenged the appointment of assessors while his constitutional application remained unresolved.
The judge later adjourned proceedings before Besigye could complete his remarks.
Besigye later said President Museveni should “stop being shy” and reintroduce pre-trial detention laws instead of, in his view, allowing the court process to be misused.
Treason allegations
Besigye, Lutale and Captain Denis Oola remain on remand until June 11, 2026.
The three are jointly charged with treason for allegedly plotting to overthrow the government.
Prosecutors allege that they held meetings in Geneva, Athens, Nairobi and Kampala to solicit funds, acquire weapons and organise paramilitary operations.
The state further alleges that Besigye met a Kurdish intelligence agent identified as Andrew Wilson and received $5,000.
Prosecutors claim the money was intended to facilitate the transportation of 36 Ugandan recruits to Kisumu, Kenya, for military training before the alleged plan was disrupted.
They also allege that the accused sought surface-to-air missiles, ricin poison and counterfeit currency.
The prosecution further claims they planned drone-based assassination attempts against President Museveni.
According to the prosecution, the case is supported by audio and video recordings, social media messages, immigration records and telephone data allegedly linking the accused to the plot.
The accused deny the charges.
