The General Court Martial in Makindye, Kampala, on Tuesday rejected an application by lawyers representing Dr. Kiiza Besigye and Hajji Obeid Lutale Kamulegeya. The lawyers had argued that the chargesheet containing new charges of treachery against their clients was defective.
Court Chairman Brigadier General Freeman Mugabe ruled that the extradition process was lawful and that the court has the authority to try the accused under Ugandan law.
“There’s no defect in the chargesheet because the accused are charged under Ugandan law, the UPDF Act, which clearly defines defense forces to mean Uganda People’s Defence forces,” Mugabe said.
Mugabe advised Besigye and his co-accused to plead to the new treachery charge.
This development follows Besigye and his co-accused declining to plead to previous treachery charges, citing concerns about the court’s jurisdiction to try civilians for offenses allegedly committed outside Uganda.
On Monday, the prosecution introduced a new charge and a new suspect, Captain Dennis Ola, a serving officer with the UPDF Armory Brigade.
Besigye’s lawyers had argued that the court lacks territorial jurisdiction to try offenses committed beyond Uganda’s borders, noting that the chargesheet alleges the offenses occurred in Greece, Switzerland, and Kenya.
They also disputed the legality of Besigye’s arrest in Kenya and subsequent extradition to Uganda, claiming it did not follow due process.
The defense team requested that the court strike out the chargesheet due to these defects, but the state maintains that interstate arrangements were used to return the suspects to Uganda for trial.
