Besigye further remanded as defense lawyers seek adjournment

Kampala, Uganda | THE INDEPENDENT | The General Court Martial in Makindye has further remanded Retired Col. Dr. Kizza Besigye and his co-accused Haji Obeid Lutale to Luzira Prison on charges of unlawful possession of ammunition and a firearm. The duo, who were arrested in Kenya, have been remanded until December 10, 2024, by the Court Martial, chaired by Brigadier Robert Freeman Mugabe.

The remand follows a request from Besigye’s lawyers for an adjournment to allow them to process the practicing certificate of Kenyan lawyer Martha Karua, who was appointed to lead the defense team. Karua lacks a practicing license from the Uganda Law Council, which is required to practice law in Uganda.

When the Court resumed after a 30-minute break, given to a team of 35 lawyers hired by Besigye to discuss the way forward, Lukwago informed the Court that they had been instructed to process Karua’s documents before proceeding. He added that the Law Council, chaired by Lady Justice Irene Mulyagonja, had assured them they would receive the necessary paperwork by tomorrow (Tuesday).

Lukwago requested the matter be adjourned until tomorrow to address these issues. However, in his ruling, Court Martial Chairperson Mugabe stated that it would not be possible to adjourn the matter to the following day, as there were other cases already scheduled for that time. As the Court reviewed its diary for a free date, it proposed December 10. Lukwago requested a date within this week, stressing the importance of fairness.

Mugabe, however, responded that the Court Martial only sits two days a week, on Monday and Tuesday, and this week’s schedule was already full. He noted that Tuesday of the following week was not far off. Prosecution’s Col. Raphael Mugisha questioned the reason for the adjournment, asking what would be addressed if the matter were adjourned to next week, as this was a prosecution case.

Lukwago replied that it would still be a prosecution case and emphasized that they would be happy if their client, Besigye, were discharged. He added that today’s session was to rule on preliminary legal matters raised previously, particularly the objections to the trial of civilians in a military court. However, the defense needed to resolve issues regarding Karua’s papers.

Mugisha opposed the adjournment, arguing that the ruling was scheduled in the absence of Martha Karua. However, another defense lawyer, Eron Kiiza, stated that receiving a ruling is part of the legal process. Kiiza further argued that the prosecution could not force them to accept the ruling if they were not ready to do so. Mugabe ruled that the defense’s request for an adjournment was valid. After consulting with the Judge Advocate, he confirmed that the request was indeed valid. For now, Besigye and Abeid Lutaale will remain remanded until December 10, 2024.

This is not the first time Dr. Besigye has been arraigned before the Court Martial. In 2006, he was charged with treason, rape, and concealment of treason. However, the charges were dismissed. Since his declaration for the presidency, Besigye has faced numerous charges in several courts across the country, though no conviction has been obtained. He has consistently accused the state of politically motivated persecution rather than prosecution.

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