Military Court Keeps Dr Besigye in Luzira

By Shamim Nabakooza and Jamila Mulindwa | Wednesday, November 20, 2024
Military Court Keeps Dr Besigye in Luzira
Dr Kizza Besigye in a caged dock inside the court martial in Makindye after abduction from Kenya | Francis Isaano

NATIONAL | The General Court Martial has remanded Opposition stalwart Kizza Besigye to Luzira Prison following controversial charges brought against him before the military court.

Dr. Besigye was arraigned before the Makindye-based court, presided over by Brigadier-General Freeman Robert Mugabe, shortly after 1pm and charged with endangering the security of the Uganda People's Defence Forces (UPDF) contrary to the UPDF Act.

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According to Besigye's wife, Winnie Byanyima, the four-time presidential candidate was on Saturday kidnapped from Nairobi, Kenya, where he was attending the launch of Kenyan Opposition figure Martha Karua's book.

However, his detention only came to light late Tuesday evening, prompting a flurry of activities by Ugandan security forces, including a press briefing by the Defence and Military spokesperson—which flopped as the court proceedings took precedence.

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The Gen Mugabe-led military court heard that Dr Besigye, his close friend Obeid Lutale, and others still at large, between October 2023 and November 2024, allegedly held meetings in Geneva (Switzerland), Athens (Greece), and Nairobi (Kenya) "aimed at soliciting logistical support and identifying military targets in Uganda with intent to prejudice the security of the defence forces."

The military court also alleged that on November 16, Dr Besigye and Mr Lutale, while at Riverside Apartments in Nairobi, were found in unlawful possession of two pistols—model 27KAL No. 765 and HB 1014 1953—which are ordinarily the monopoly of the Defence Forces.

"They were also found in unlawful possession of eight rounds of pistol ammunition, which are ordinarily the monopoly of the defence forces," the prosecution stated.

Dr Besigye, in a brief media interview, claimed he had not been allowed to speak to anyone, including his lawyers, since his arrest and therefore could not take a plea.

His lawyer, Erias Lukwago, argued that the court martial lacked jurisdiction to try Dr Besigye for offenses allegedly committed outside Uganda.

"There is no allegation of acts committed within the jurisdiction of this court," Mr Lukwago, who is also the Kampala Lord Mayor and president of the Besigye-led People's Front for Freedom party, stated.

"You have no universal jurisdiction—that would be stretching the court to levels of absurdity. It means you can deal with cases committed anywhere. These acts in the charge sheet do not amount to criminal offenses under this Act. The UPDF Act does not extend to any other jurisdiction."

Gen Freeman Mugabe, after listening to Mr. Lukwago's legal arguments, adjourned the military court proceedings to December 2.

"Counsel Lukwago, your submissions have been taken seriously, and the court has been adjourned till December 2 for mention," he said.

Dr Besigye's arrest in Nairobi comes months after 36 activists associated with the Forum for Democratic Change (FDC) Katonga faction were reportedly abducted in Kisumu, Kenya, and transferred to Uganda in violation of extradition laws.

The group was recently granted bail after being charged with treason-related offenses.

Sources close to the retired army colonel and President Museveni's personal doctor during the NRA struggle in the Luweero jungles indicated that he was in Uganda days before his trip to Nairobi.

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