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Kampala, Uganda | THE INDEPENDENT | The Nakawa Chief Magistrates Court has remanded Retired Col Dr Kizza Besigye and his co-accused Obeid Lutaale Kamulegeya and Captain Denis Oola on charges of treason and misprison of treason.
Prosecutors allege that the charges were committed in various countries including Switzerland, Greece, Kenya and Uganda where they reportedly made meetings and a plot to overthrow the current government by soliciting arms and financial support.
Besigye, Lutaale and Captain Oola have been remanded until March 7th 2025 by Chief Magistrate Esther Nyadoi who did not allow them to say anything about the charges against them on the basis that they are capital in nature and can only be tried by the High Court. Treason attracts the death penalty after being found guilty.
The remand followed a request by Assistant DPP Lino Anguzu who informed the Court that investigations in this matter are incomplete and that committal papers to take the accused to High Court are not yet ready for submission.
The Magistrate informed Besigye and his co-accused that she lacked jurisdiction to try the case shortly after reading the charges to them.
As such, Anguzu has asked the Court to adjourn the matter for mention.
However, the lawyers representing the accused led by Erias Lukwago have complained regarding the management of the case in which the military is the one guarding their clients in court.
He asked the court to give the military marching orders out of Court, such that the police could remain and manage the situation.
Besigye’s Lawyer Lukwago further told the Court to direct that Besigye be taken to a prison facility of his choice given his deteriorating health status. The lawyers have also convinced the Magistrate that Besigye is willing to meet the costs of his treatment at a hospital of his choice and emphasized that the right to health is paramount.
Lukwago also told Nakawa Court that Buganda Road Court presided over by Winnie Nankya Jatiko stayed the criminal proceedings pending before her for 60 days to allow Besigye to get treatment.
The court also heard that even the High Court on Wednesday couldn’t allow Besigye to stay and listen to his application for unconditional release because of his sickness.
Lukwago said that Thursday, Besigye was never produced before Buganda Road Court as ordered because of his sickness, and today he is being pushed in a wheelchair.
In response, Assistant DPP Lino Anguzu said Captain Oola was remanded to military courts and wasn’t in civilian hands, he said his co-accused were in Luzira Prison. He noted that after today’s proceedings, Captain Oola will be in the hands of prison services.
Regarding Besigye’s health, Anguzu has said he is concerned with the request to be taken to a private facility of his choice. He noted that the issue of sickness is an issue of evidence, and the Magistrate needs to inquire if the Prison facilities have been asked to treat Besigye.
He said Lawyers can also show the Court if there is evidence that Prisons have not allowed their clients to go to a hospital of their choice and has not been allowed. He said the court needs to hear from both sides. He asked the court not to make an order to take Besigye to a prison facility of his choice.
In her ruling, she said she has understood the circumstances leading to the military presence, and ruled that effective today, Oola will be remanded to prisons.
Regarding health status, she said her only role was to read the charges to the accused persons since she lacked jurisdiction. She said Besigye’s lawyers can apply in the High Court regarding his health status.  She remanded Besigye to prison until March 7th 2025.
Besigye’s lawyers said he had ended the hunger strike after being charged officially and that they will apply for Bail in the High Court.
On a rare occasion, Besigye’s court proceedings were attended by five Catholic priests.
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