The High Court in Kampala has adjourned to Tuesday December 30, the treason case against Dr Kizza Besigye and Hajj Obeid Lutale after defence lawyers exposed serious legal errors in the charge sheet, forcing court to halt proceedings. Justice Emmanuel Baguma declined to proceed with plea-taking after it emerged that the indictment presented by the […]
The High Court in Kampala has adjourned to Tuesday December 30, the treason case against Dr Kizza Besigye and Hajj Obeid Lutale after defence lawyers exposed serious legal errors in the charge sheet, forcing court to halt proceedings.
Justice Emmanuel Baguma declined to proceed with plea-taking after it emerged that the indictment presented by the State is unsigned, unserved and legally defective.
Lawyers for the accused told court that the prosecution failed to meet basic legal requirements, arguing that the indictment has never been signed and it has never been served on the accused
They also mentioned that the State wrongly charged treason and misprision of treason as separate substantive offences, which the law does not allow
Misprision of treason can only be pleaded as an alternative, not together with treason
Because of these defects, the court could not lawfully proceed with plea-taking.
The judge adjourned the matter to tomorrow, when he is expected to rule on whether the defective indictment can stand or must be corrected before the case proceeds.
Speaking outside court, Erias Lukwago, one of the defence lawyers, accused the State of sabotaging its own case while blaming the defence for delays.
“The proceedings of today have exposed the truth. We are not the ones delaying this case. The whole process has been shambolic,” Lukwago said.
He said despite the case starting in November last year, the prosecution has failed to put its house in order.
“Up to now, there is no signed indictment. It has never been served on Dr Besigye. That is why today’s proceedings collapsed,” he said.
Lukwago said even the prosecution failed to respond when confronted with the defects.
“They were short of words. They could not answer the issues we raised. The defects in the indictment were glaring and ugly,” he added.
According to Lukwago, Justice Baguma had been expected to deliver a ruling on bail and the status of the proceedings, but the attempt to move to plea-taking exposed the legal mess.
“The judge wanted to fix the case for plea-taking, but once the defects came out, he had no option but to adjourn the matter to tomorrow to decide whether this indictment can even stand,” Lukwago said.
The defence accused the prosecution of turning the tables and blaming lawyers for delays they did not cause.
“They are now accusing us of frustrating the process, yet it is their failure to prepare a lawful indictment that has caused all this,” Lukwago said.
He added that the prosecution earlier moved the case from the General Court Martial to the civilian courts and purportedly committed the accused for trial on 29 May 2025, but never completed the legal requirements.
Besigye’s wife Winnie Byanyima who was also present in court described the case as politically motivated and legally hollow.
“We are disappointed but not surprised. What is before court is a farce. A political issue has been turned into a criminal case,” Byanyima said.
She insisted that no crime was committed.
“Dr Besigye has committed no crime. Mr Lutale has committed no crime. This is purely political,” she said.
Byanyima accused President Museveni of using the criminal justice system to silence his long-time political rival.
“Instead of confronting Dr Besigye politically, Museveni has chosen to criminalise him, imprison him and try to destroy him as a leader so that he can rule without challenge,” she said.
The case returns to court tomorrow, when Justice Baguma is expected to rule on whether the defective charge sheet can stand and decide if plea-taking can lawfully proceed.
He is also expected to give further directions on the future of the trial
Until then, Besigye and Lutale remain in custody as the legal battle over the validity of the charges continues.
