Opposition stalwart Kizza Besigye and associate Obeid Lutale have asked the Constitution Court to set aside their trial in the General Court Martial.
In a petition filed by their lawyers led by Erias Lukwago - in the absence of lead counsel Kenyan Martha Karua - Besigye and Lutale, who face treachery charges, say their trial is unconstitutional and illegal.
The defence team cites a similar ruling in the matter of former Nakawa legislator Michael Kabaziguruka, whose terrorism charges before the military court was in 2022 declared illegal by the Constitutional Court.
The Attorney-General challenged the decision of the court at the Supreme Court and a landmark ruling that could have far-reaching impact on the new petition is expected tomorrow.
Should the Supreme Court quash the military court's trial of the two, the Constitutional Court might find the latest appeal overtaken by events.
On Thursday, constitutional lawyer Lukwago, stepping in for Karua, filed an appeal at the Constitutional Court on behalf of Besigye and Lutale.
The 24-page petition lays out 38 grounds for dismissing the military proceedings against them, questioning the legality of trying civilians in a court primarily meant for military personnel.
Lukwago contends that Besigye’s case extends beyond a domestic jurisdictional dispute, citing his arrest in Kenya and alleged offenses in Switzerland and Greece.
"We are challenging the legality of their trial in the military court martial rooted in allegations of crimes committed outside Uganda," he said, arguing that such arrests amounted to abductions without proper extradition protocols.
The petition questions the military court’s competence and impartiality, highlighting remarks by Chief of Defence Forces Gen Muhoozi Kainerugaba that, according to Lukwago, suggest a predetermined outcome for Besigye’s trial.
"We seek a declaration that both the pre-trial activities and the ongoing trial are illegal and unconstitutional; Besigye should be set free," he said.
Lukwago’s legal team has also filed for an injunction to halt the ongoing trial at the military court martial, citing the illegality of the process and the broader implications for civilian rights under military jurisdiction.
Meanwhile, the prosecution argues that Besigye and Lutale were found in possession of firearms in Nairobi and held meetings in multiple countries to plot against Uganda’s stability.
With the court set to rule on a parallel petition tomorrow, the outcome could significantly reshape the debate over military trials for civilians.
