The High Court has dismissed an application by Dr. Kizza Besigye and Hajji Obeid Lutale seeking to terminate treason proceedings, clearing the way for their trial to begin on July 13, 2026. The court ruled the application lacked merit and was intended to delay the criminal case.
The High Court Criminal Division has dismissed an application by Dr. Kizza Besigye and Hajji Obeid Lutale seeking to halt treason proceedings against them, paving the way for the long-awaited trial to commence on July 13, 2026.
In a ruling delivered electronically through the Electronic Court Case Management Information System (ECCMIS), Justice Emmanuel Baguma described the application as incompetent and an abuse of court process intended to delay the hearing of the main criminal case.
The ruling means Besigye, Lutale and UPDF Captain Denis Oola will now proceed to trial on charges of treason.
Claims of rights violations rejected
Besigye and Lutale had asked the court to nullify the charges, arguing that their constitutional right to a fair trial had been irreparably violated.
They also sought unconditional release and requested government to facilitate their treatment and rehabilitation at the African Centre for the Treatment and Rehabilitation of Torture Victims (ACTV) or another suitable medical facility.
In affidavits, the two accused alleged they were unlawfully abducted from Nairobi by Ugandan security operatives, returned to Uganda without due process, detained incommunicado at Makindye Military Barracks, denied access to lawyers and medical personnel, and held beyond the constitutional 48-hour limit before being presented in court.
Besigye further accused Chief of Defence Forces Gen. Muhoozi Kainerugaba of making public statements that prejudiced his right to a fair trial.
State denies allegations
The respondents, including Gen. Muhoozi Kainerugaba, Col. Peter Ahimbisibwe, Lt. Col. Ephraim Byaruhanga and the Attorney General, denied all the allegations.
Through the Attorney General’s Chambers, the government maintained that Ugandan security agencies neither abducted nor arrested Besigye and Lutale in Nairobi. It also denied that the named military officers participated in any operation leading to their arrest.
The state argued that the accused were informed of the reasons for their arrest, had access to legal representation and medical care, and that the treason charges were based on available evidence and the law.
Judge finds no credible evidence
Justice Baguma ruled that the applicants had failed to provide credible evidence proving the alleged violations of their constitutional rights.
“The affidavit evidence adduced by the applicants lacks credibility. The evidence was too shallow to persuade this court about the alleged violation of the applicants’ human rights and freedoms,” the judge ruled.
He observed that the accused had not raised complaints about the alleged violations during earlier stages of the proceedings, including their first court appearance, committal proceedings, plea-taking or in previous applications.
According to the judge, the application was only filed after the court directed the prosecution to begin presenting witnesses, suggesting it was intended to delay the trial.
Alternative legal remedies available
Justice Baguma also relied on a June 2026 Constitutional Court decision, which held that alleged human rights violations should not automatically terminate criminal proceedings.
He noted that aggrieved persons have alternative legal remedies, including constitutional petitions, habeas corpus applications and judicial review, instead of seeking to block criminal trials.
The judge further emphasized that courts must balance the rights of accused persons with the interests of victims and the public in ensuring accountability through due process.
Trial to begin
The court ordered that Criminal Session Case No. 335 of 2025 proceed on July 13, 2026, without further delay.
Justice Baguma directed the Deputy Registrar to issue production warrants for Besigye and Lutale and ordered Luzira Prison authorities to continue granting the defence team reasonable access to the accused, including the use of approved facilities and electronic devices for trial preparation.
He also directed that both accused persons be supplied with hard copies of the ruling.
Prosecution case
Besigye, Lutale and Captain Denis Oola are jointly charged with treason over allegations that they plotted to overthrow the government.
According to the prosecution, the trio held meetings in Geneva, Athens, Nairobi and Kampala to solicit funding, acquire weapons and organise paramilitary operations.
The state further alleges that Besigye sought military equipment, poison and counterfeit currency, and planned attacks targeting the government.
Prosecutors say they will rely on audio and video recordings, social media communications, immigration records and telephone data as evidence during the trial.
