Veteran opposition leader Dr. Kizza Besigye and his aide Hajj Obeid Lutale were absent from court today as the hearing of their treason case was set to begin. Dr. Besigye cited illness, while Lutale claimed he was simply unable to attend.
Their absence was formally communicated through letters submitted to the court and read aloud by Justice Emmanuel Baguma.
In his letter addressed to the presiding judge and received by the court registrar, Dr. Besigye stated: “I am unwell and unable to attend court today.”
Lutale’s letter was more brief, stating: “I am unable to attend court and request for another date.”
However, lead defense counsel Martha Karua informed the court that Dr. Besigye’s legal team had not been made aware of the letters prior to the session.
The case, which also involves Capt. Denis Oola, was scheduled to begin today but could not proceed due to the absence of two of the three accused. Only Capt. Oola appeared in court.
Deputy Director of Public Prosecutions (DPP), Lino Anguzu, told the court that proceedings could not move forward without the presence of the accused unless court permits otherwise.
As a result, Justice Baguma adjourned the hearing to October 1.
Dr. Besigye, Lutale, and Capt. Oola are currently facing treason charges stemming from allegations that they participated in activities aimed at overthrowing the Ugandan government.
Last month, the High Court dismissed a mandatory bail application filed by the trio. The suspects had filed a petition in June, challenging an earlier decision by the Nakawa Magistrates Court that denied them bail, despite having been on remand for over six months.
Their legal challenge followed the dissolution of the General Court Martial by the Supreme Court, which had previously overseen their case.
The bail hearing was presided over by Justice Baguma, with legal representation for the defense provided by high-profile lawyers Martha Karua and Erias Lukwago.
Dr. Besigye’s sureties included: Dr. Thaddeus Nicholas Kamara, Kira Municipality MP Ibrahim Ssemujju Nganda, Former Leader of Opposition Wafula Oguttu and Arnold Muhindo.
However, Chief State Attorney Richard Birivumbuka, representing the DPP, opposed the application. He argued that the charges were grave and capital in nature, and the application was premature, given that investigations were still ongoing.
In a ruling delivered via email, Justice Baguma determined that the accused did not qualify for mandatory bail, stating that the 180-day period required under the law had not yet lapsed.
“Since 180 days hadn’t elapsed by the May 28 filing, the mandatory bail application is dismissed,” the judge ruled.
He clarified that the 180-day countdown began on February 21, 2025, when the suspects were officially remanded by the Nakawa Magistrates Court—not from the time of their initial detention under the military court.
According to the charge sheet, the accused were allegedly abducted in Nairobi in 2024 after attending a book launch hosted by Martha Karua. Prosecutors allege that Dr. Besigye, Lutale, and Capt. Oola traveled to countries including Switzerland, Greece, and Kenya, where they participated in meetings aimed at planning the overthrow of the Ugandan government.
The state further claims that these meetings both physical and virtual involved collaborators based in Geneva, Athens, Nairobi, and Kampala.
Additionally, it is alleged that between 2023 and November 2024, the trio failed to report knowledge of treasonous activities to appropriate authorities, such as a minister, magistrate, or police officer, as required by Ugandan law.
