Military court charges Besigye with ‘illegal possession of pistols
CAPTION: Kizza Besigye, who has been held incommunicado for days during a press conference recently. (Courtsey Photo)
By Our reporter
MAKINDYE – Veteran opposition politician Dr Kizza Besigye gestures as he and his co-accused, Hajj Obeid Lutale arrive at the General Court Martial in Makindye amid tight security on November 20, 2024. His defence argued that the charge sheet was defective since the alleged offences were committed outside the jurisdiction of Uganda’s army court.
A Ugandan military court has charged opposition politician Dr Kizza Besigye and his ally Hajj Obeid Lutale with possessing arms in Kenya, Greece and Switzerland.
When he was brought before the general court martial in Kampala, chaired by Brig Freeman Mugabe, the prosecution stated that Dr Besigye and Mr Lutale were on November 16, 2024, while at Riverside Apartments in Nairobi, found in unlawful possession of eight rounds of pistol ammunition, which are ordinarily the monopoly of the Uganda Peoples’ Defence Forces (UPDF).
In the first count, the two are charged with offences relating to security contrary to section 128 (1) (f) of the UPDF Act, Cap 330. They are also charged with unlawful possession of ammunition contrary to section 4 (1) & (2) of the Firearms Act, Cap 320.
The army claims that besides Nairobi, the duo, and others still at large, committed the offences in Athens (Greece) and Geneva (Switzerland) between October 2023 and November 2024.
The prosecution also claims that Dr Besigye and Mr Lutale held meetings in Nairobi, Athens and Geneva that were aimed at soliciting logistical support and identifying military targets in Uganda, with the intent to prejudice the security of the Ugandan army.
However, lead defence lawyer Erias Lukwago, who is also interim president of Dr Besigye’s FDC Party, argued that the charge sheet was defective since the alleged offences were committed outside the jurisdiction of the Ugandan army and the Kampala-based court.
According to him, the army tribunal has no universal jurisdiction to hear cases allegedly comitted in the entire world.
“All the acts highlighted in this charge sheet do not constitute criminal offences within the laws of Uganda. The UPDF Act is not applicable in Kenya, Switzerland or Greece. Unlawful possession of firearms? Firearms Act of which country?” Mr Lukwago wondered.
“The charge sheet is ambiguous in nature. This is a defective charge sheet which should not sustain any criminal proceedings before this tribunal. It’s our prayer that this honourable tribunal strikes out this charge sheet accordingly.”
According to Mr Lukwago, Dr Besigye and Hajj Lutale were arraigned before the army court illegally.
Abducted in Nairobi
The defence also pointed out that the manner they came from Nairobi to Kampala was illegal.
“The accused persons have been illegally presented before you, Mr chairman. They travelled to Nairobi lawfully for a legitimate meeting. They entered Kenya lawfully. Once you’re in a foreign territory, you can only be returned through the right process; either extradition or deportation. If it’s through extradition it has to be with the request of the minister. However, to the best of our knowledge, it’s not anywhere that the minister made such a request. If it was to be deportation then it should have been the Kenyan authorities initiating the process, perhaps after the accused were found committing a criminal offence. The record does not show any of those processes,” Mr Lukwago argued.
Brig Mugabe remanded Dr Besigye and Hajj Lutale to prison until December 2, 2024, when they will be returned to court for mention of the case.
