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The trial of Ugandan opposition leader Dr Kizza Besigye before the General Court Martial in Makindye has taken a contentious turn, with his lawyer, Erias Lukwago, questioning the validity of the charges against his client.
Dr Besigye, who was reportedly arrested and deported from Nairobi over the weekend, faced charges related to offences allegedly committed outside Uganda. He was remanded to Luzira prison until December 2.
The court read out a series of charges against him, including alleged offences related to security and unlawful possession of firearms and ammunition.
Detailed Charges Questioned by Defence
The charge sheet accuses Dr Besigye and Haji Obeid Lutale of several offences, primarily under the UPDF Act and the Firearms Act. According to the document:
Count 1: The accused allegedly held meetings in Geneva, Athens, and Nairobi between October 2023 and November 2024. These meetings were purportedly aimed at soliciting logistical support and identifying military targets in Uganda, actions described as prejudicial to the security of the Defence Forces.
Count 2: On 16 November 2024, the accused were allegedly found in unlawful possession of a pistol, model 27KAL No. 765, at Riverside Apartments in Nairobi. The prosecution claims the firearm is ordinarily the monopoly of the Defence Forces.
Count 3: The charge sheet also alleges that the accused were in unlawful possession of another firearm, a pistol model HB 1014 1953, on the same date and location.
Count 4: Dr Besigye and Haji Lutale were found with eight rounds of pistol ammunition, which is similarly described as exclusively within the remit of the Defence Forces.
During the hearing, Lukwago criticised the charge sheet as "incurably defective," arguing that it lacked legal clarity and jurisdictional specificity.
He stated that the charge sheet failed to mention the laws of the respective countries where the alleged acts occurred.
“When you talk of the Fire Arms Act, which country are you referring to? This is a duplex charge sheet, which is ambiguous in nature,” Lukwago asserted during the hearing.
“The accused persons cannot understand the nature of the particulars of the charge sheet.”
Jurisdiction Dispute
Lukwago further questioned the military court’s authority to try offences allegedly committed in foreign countries.
He noted that the UPDF Act and related Ugandan laws only apply within Uganda’s territorial boundaries.
“This court has no universal jurisdiction over the entire world. That would be stretching the jurisdiction of this court to absurd levels,” he stated.
“The UPDF Act and all the laws cited in the charge sheet apply to Uganda and not anywhere else.”
Besigye and his co-accused were remanded to Luzira Prison until December 2, when the matter will come up again in the army court
Alleged Abduction and Deportation
Dr Besigye’s legal woes stem from his controversial arrest in Nairobi, Kenya, last weekend.
According to reports, he was abducted while attending the launch of a book by Kenyan opposition figure Martha Karua.
His wife, Winnie Byanyima, alleged that he was subsequently deported to Uganda and detained in a military jail in Kampala.
“This is a violation of international law,” Byanyima said in a statement, demanding immediate access to her husband for his family and legal representatives.
Broader Concerns for Political Dissidents
The case has reignited fears over the treatment of Ugandan opposition figures, both at home and abroad. Bobi Wine, another opposition leader, condemned the incident during a television interview, criticising Kenya for becoming unsafe for Ugandan dissidents.
“This should remind us that if this can happen to a senior international leader like Besigye, it can happen to anyone,” Wine stated.
The General Court Martial is expected to address Lukwago’s objections in subsequent proceedings, with the outcome likely to set a precedent for the handling of politically sensitive cases involving alleged transnational offences.