Jailed opposition leader, Dr. Kiiza Besigye, and his aide, Hajji Obeid Lutale, have petitioned the Constitutional Court, challenging the UPDF Act and its jurisdiction to try them for offenses allegedly committed in Kenya, Switzerland, and Greece.
In their petition, Besigye and Lutale argue that the General Court Martial lacks territorial jurisdiction to try them, as they are civilians and not members of the military. They claim that their trial is illegal and that they are being held on remand at Luzira prison without a fair trial.
The duo also alleges that they were kidnapped from Kenya and repatriated against their will, and that they were held incommunicado at Makindye Military barracks for three nights. They accuse the Security personnel of violating their rights and compromising their right to a fair hearing .
Besigye specifically complains that the Chief of Defense Forces (CDF) has threatened him on several occasions, including a threat to hang him on a tree on Heroes’ Day in Gulu. He argues that these commentaries are an attack on his right to a fair hearing and presumption of innocence, as protected by Articles 28, 44, and 128 of the Constitution .
The petitioners are seeking an order to terminate their trial and that of other civilians in the military court, citing their right to a fair and speedy trial. They also seek an immediate discharge from Luzira prison, where they have been held since November 16, 2024, on charges of unlawful possession of firearms and ammunition, and Treachery.
Furthermore, Besigye and Lutale are asking the Constitutional Court to order the government to award them costs for the petition, having contracted the services of 13 law firms. The Attorney General of Uganda has been listed as the respondent and is yet to file a response to the petition and an application for a temporary injunction .
The duo also contend that the Judge Advocate at the General Court Martial , like the ‘court’ and the prosecutor, is appointed by the High Command of the UPDF, an appendage of the prosecuting executive rendering him impartial and incapable of offering independent and credible legal opinion and guidance to the General Court Martial thus personally ordering for the arrest of their lawyer Mr Eron Kiiza in “court” and his orders were complied with.
