The High Court in Kampala has adjourned the treason trial of Dr. Kizza Besigye and his two co-accused after the Uganda Prison Service failed to produce them in court, citing Besigye’s ill health. Besigye is jointly charged with his aide, Obeid Lutale, and Captain Denis Oola.
The case, scheduled before the High Court Criminal Division under Judge Emmanuel Baguma, was expected to proceed with the accused facing charges of plotting to overthrow the government.
However, at the start of proceedings, it emerged that Besigye had not been brought to court, with prison authorities requesting that he appear via Zoom due to medical concerns.
The prosecution, led by Chief State Attorney Richard Birivumbuka and Assistant Director of Public Prosecutions Thomas Jatiko, initially sought to continue the hearing virtually despite the absence of the accused.
“My Lord, we are not aware why the accused persons are not in court and why the prison authorities are also not present,” Jatiko told the court.
Judge Baguma noted he had received a letter from the Deputy Registrar indicating Luzira Prison’s request for a Zoom appearance because the accused could not be physically produced.
The defense team, led by Lawyers Erias Lukwago, Frederick Mpanga, Apollo Katumba, Bayan Turinawe, and Major Simon Busagwa Nsubuga, strongly opposed the request.
Lukwago argued that the Deputy Registrar’s letter did not sufficiently explain why Besigye, or the co-accused, could not appear physically.
When the court clarified that the request was due to Besigye’s health, Lukwago maintained that virtual proceedings were inappropriate.
“It is self-evident that Dr. Besigye cannot stand trial if he cannot appear in court. How then can he participate meaningfully in these proceedings?” Lukwago argued.
He further revealed that attempts to transfer Besigye to a better-equipped medical facility, supported by his legal team and spouse, Engineer Winnie Byanyima, had been unsuccessful.
Lawyer Frederick Mpanga criticized the prison authorities for not providing details of Besigye’s medical condition, emphasizing that the decision to appear virtually must come from the accused, not the Registrar or the State.
Apollo Katumba added that legal provisions cited by the prosecution had been repealed, reinforcing that virtual attendance cannot be imposed.
Brayan Turinawe noted that Besigye was too ill to attend even a consultation session at Luzira Prison the day before the hearing, making a Zoom appearance impossible unless conducted from his cell.
Major Busagwa, representing Captain Oola, also supported an adjournment. The prosecution, while expressing sympathy for Besigye’s health, argued that a Zoom appearance could allow the court to visually confirm his condition.
Birivumbuka clarified that the State was not seeking to continue the trial but only to ascertain the accused’s health status.
In his ruling, Judge Baguma acknowledged Besigye’s health concerns and ruled that the trial could not proceed in the absence of any of the accused.
He noted that a joint trial requires all defendants to be physically present. The matter has been adjourned to February 24th, 2026, with instructions for the parties to agree on a date when Besigye can be produced.
Regarding the defense’s request to transfer Besigye to an external medical facility, the court ruled that he should continue to receive care within the prison, citing a lack of proof that his condition could not be managed there.
After the court session, Besigye’s lawyers expressed disappointment that their request for a hospital transfer was not granted, emphasizing concerns about his deteriorating health and his inability to travel in a vehicle, as he had in previous court appearances.
The prosecution alleges that Dr. Besigye, Obeid Lutale, and Captain Denis Oola organized campaigns to overthrow the government, with activities spanning Kampala, Nairobi, Geneva, and Athens.
According to court documents, Besigye allegedly met a Kurdish intelligence agent identified as Andrew Wilson and received $5,000 to facilitate military training for 36 Ugandan recruits in Kisumu, Kenya. The recruits were reportedly intercepted and deported before training commenced.
The prosecution further claims that Besigye sought surface-to-air missiles, ricin poison, counterfeit currency, and planned to use drone technology to assassinate President Yoweri Museveni. Evidence presented includes audio and video recordings, social media messages, immigration documents, and phone logs allegedly linking the accused to the plot.