The Independent Uganda: You get the Truth we Pay the Price
KAMPALA, UGANDA | THE INDEPENDENT | Retired Col Dr Kizza Besigye and Obeid Lutaale filed an application in the High Court Criminal Division seeking to be released on bail.
Both Lutaale and Besigye aged 68 argued in their joint application that they are law-abiding citizens of advanced age facing charges of treason and misprison which are bailable by the High Court.
Besigye and Lutaale argue that they have permanent places of abode at Buyinja LC 1 Wampeewo Ward Kasangati TownCouncil Wakiso District and Rwakabengo A Rwakabengo Ward Southern Division Rukungiri Municipality in Rukungiri District for Besigye and Kisigula VillageCell Mutundwe Ward Gombolola Ssabagabo Makindye Wakiso District for Lutaale.
They contend that they are not a threat to any investigative or other process and are willing to appear before the High Court for mention or trial as and when required once released on bail.
According to the lawyers of the accused persons, the antecedents of their clients demonstrate their respect for the law and for any bail processes they have benefited from.
To support his bail application, Besigye has sworn an affidavit detailing how he has been returning to Court for bail extension more than a hundred times in different courts of law on different charges none has ever been proved against him by the state.
In his affidavit, Besigye contends that he is a former Presidential Candidate in the 2001, 2006,2011 and 2016 General Elections and also a retired Colonel in the Uganda Peoples Defence Forces and participated in the 1981-1986 Bush War as a member of the National ResistanceArmy.
” I am also a former Minister of State for Internal Affairs, former National PoliticalCommissar, former Commandant Masaka Mechanized Regiment and a delegate in the Constituent Assembly that debated the draft Constitution of Uganda which was eventually promulgated in September 1995. I have also been the President of the Forum for Democratic Change and currently am a member of the Peoples Front for Freedom, a new political party under formation”, said Besigye.
He adds that he has previously served Uganda in various capacities, and is a responsible citizen of Uganda, who has always advocated for and pursued peaceful and wholly non-violent means to ensure that Uganda is governed following the law and the Constitutional dictates.
Besigye says that as a citizen of Uganda, he is entitled to enjoy all rights accorded to citizens as well as participate in all lawful activities as an individual, and as a leader, including within the political formation to which he belongs and to whose ideology he subscribes.
According to Besigye, he was arrested on Saturday 16th November 2024, while lawfully going about his business in Nairobi Kenya where together with Lutaale they had gone to grace a Book Launch at the invitation of Senior Counsel Martha Karua where they were unlawfully, forcefully and violently abducted by security agencies from Uganda, and driven back to Uganda in the night. The duo contends that they were returned without following legal or due process.
That, on arrival in Kampala, the duo was detained incommunicado at Makindye Military Barracks.
“We were denied the rights that a person who has been arrested is entitled to. We were denied access to lawyers, and medical doctors, we were kept in a place that is not gazetted for the imprisonment of civilians, we were denied access to family members, and we were not told the reason for our arrest. Instead, we were vigorously interrogated”, reads Besigye’s affidavit.
The evidence before the Court indicates that on November 20th 2024, they were produced before the General Court Martial sitting at Makindye and charged with offences relating to security contrary to Section 128(1)(f) of the UPDF Act, Cap 330 and unlawful possession of firearms and unlawful possession of ammunition contrary to Section 4 (1) and (2) of the Firearms Act Cap, Cap 320.
” On the same day, we were remanded to Luzira Government Prison where we have been languishing since. On 14th January 2025, the charge sheet was amended to include additional offences and add another person named Capt. Denis Oola. I denied all the charges”, reads Besigye’s affidavit.
Given how they were arrested, Besigye and Lutaale argued that their personal effects remained abandoned in Nairobi Kenya in the hotel where they had booked accommodation and that their telephones were confiscatedThe records further indicate that they continued to protest their trial in the Court Martial since they are civilians, but their pleas were rejected.
It’s Besigye and Lutaale ‘s arguments that on January 31st 2025, the Supreme Court in the case arising from former MP Michael Kabaziguruka ‘s petition declared the trial of civilians in the military courts as Unconstitutional.
“That because of the Supreme Court judgment, we were not produced before the General Court Martial on 3rd February 2025 and remained in prison without any lawful remand warrants or charges”, Besigye contends.
He says that he was later on February 21st 2025 charged with treason before the Nakawa Court and remanded on charges that he denied.
“I am simply being persecuted for my defence of the Constitution of Uganda and for insisting on the observance of the rights of all citizens of Uganda to live freely, organize themselves for lawful and peaceful political and governance purposes and activities, and to aspire for leadership to ensure a just, free and fair society where opportunities are available for all, good governance is the norm and where corruption is eliminated “, adds Besigye.
The accused contend that given their advanced age, they cannot manage to be in harsh conditions in prison for the unknown period of their remand where they have been for more than 100 days without knowing when investigations will be completed and when the trial will start.
“That, being a law-abiding citizen, I am not going to commit an offence while on bail and from my record, I have never committed any offence or been convicted in respect of any of the numerous charges that have been brought against me. Over the years, I have been charged with various grave offences including rape, treason and terrorism, as well as many other minor offences and none of these has ended in a conviction”, states Besigye.
Besigye adds that he understands the purpose of bail and in the past, he has been released on bail and abided by all conditions ordered even while he was undergoing a rigorous campaign schedule for example during the 2006 General Elections.
“In November 2005 I was maliciously charged with the offences of treason and rape. In both cases, which were being heard at Kampala High Court, I was granted bail and I abided by the conditions set until I was eventually acquitted on the rape charge after a hearing of the prosecution evidence and the charge of treason permanently prohibited by the orders of the Constitutional Court issued on 12th October 2010 in Constitutional Petition No. 7 of 2007: Dr Kizza Besigye & Others v Attorney General”, says Besigye.
He adds that” after participating in the 2016 general elections, I was again charged with treason on 13th May 2016 at the Chief Magistrates Court in Moroto. I know that I did not commit that offence and had only vigorously and unrelentingly demanded for free and fair elections. I was arrested and taken to Moroto and later charged again with the same offence at Nakawa Chief Magistrates Court. I applied for bail on 7th June 2016 and was granted bail on 12th July 2016. I abided by the conditions set until the offence was withdrawn by the State sometime in 2019, without even notifying me. I have also variously had the bail conditions varied including with the consent of the Respondent/Uganda.
According to Besigye, apart from the said capital offences, since 2005, he has been maliciously charged in Magistrates Courts in various places in Uganda. But he has abided by all the bail conditions set and has appeared before those courts as and when required to do so.
They also inform the court that they have many people who are willing to stand for their surety and they are substantial.
Besigye has filed a 79-page application detailing all the times he was charged in courts of law what decisions were made and how he continues to be a law-abiding citizen who will not tamper with the case once released.
The application for Both Lutaale and Besigye is yet to be given a hearing date and allocation to a Judge.
In the meantime, Besigye and Lutaale were remanded by the Nakawa Chief Magistrates Court presided over by Chief Magistrate Esther Nyadoi until March 7th 2025 as she had no jurisdiction to hear their matter for being capital in nature.
Besigye and Lutaale have hired 13 law firms to represent them in this matter.
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