The Case Against Besigye: Firearms, Secret Meetings, and Military Targets

  • November 20th, 2024
  • Grace Busingye
The Case Against Besigye: Firearms, Secret Meetings, and Military Targets
Dr Kizza Besigye and Hajj Lutale Obeid arriving at the General Court Martial in Makindye, Kampala

KAMPALA, Uganda | Dr. Kizza Besigye, a veteran Ugandan opposition leader, appeared before the General Court Martial in Kampala on November 20, 2024, facing charges of offenses against national security and illegal possession of firearms and ammunition. His appearance followed a dramatic arrest in Nairobi, Kenya, and a contentious transfer to Uganda, both of which have sparked widespread debate.

The prosecution accuses Dr. Besigye and his co-accused, Hajj Obeid Lutale, of participating in meetings held between October 2023 and November 2024 in Geneva, Athens, and Nairobi. These meetings allegedly aimed to solicit logistical support and identify military targets within Uganda, actions said to be intended to prejudice the security of the Uganda People’s Defence Forces (UPDF). Additionally, the prosecution claims that on November 16, 2024, while at Riverside Apartments in Nairobi, the two were found in possession of two firearms—a Model 27 KAL No. 765 and an HB 1014 1953—and eight rounds of ammunition, all items restricted for use exclusively by the Defense Forces under Uganda’s Firearms Act.

The courtroom in Makindye was tense as Dr. Besigye, flanked by military guards, entered to face the charges. His defense team, led by Kampala Lord Mayor Erias Lukwago, immediately challenged the legitimacy of the trial. Lukwago argued that the General Court Martial lacked jurisdiction, as the alleged offenses occurred outside Uganda in Kenya, Greece, and Switzerland. He maintained that the UPDF Act has no extraterritorial application and that the charges fall outside the army court’s legal reach. Lukwago further contended that Dr. Besigye and his co-accused are civilians and should not be tried by a military tribunal.

The defense also questioned the circumstances of Dr. Besigye’s arrest and transfer from Kenya to Uganda, stating that no formal extradition or deportation processes were followed. Lukwago argued that these procedural failings undermined the legality of the prosecution, calling on the court to dismiss the charges entirely.

The army prosecutor, Brig Raphael Mugisha, dismissed the defense’s arguments, suggesting that such matters should be raised during the trial’s defense stage. He further challenged the defense’s assertion that Dr. Besigye was in Kenya legally, a comment that drew laughter from the courtroom.

Dr. Besigye, speaking briefly in court, reiterated that he and his co-accused are civilians, not serving members of the military, and that their arraignment before the General Court Martial was a violation of their fundamental rights. His defense team emphasized that the charges were politically motivated, designed to stifle dissent and intimidate opposition voices.

After hearing both sides, the court remanded Dr. Besigye and Hajj Lutale to Luzira Prison, a maximum-security facility in Kampala. Their next appearance is scheduled for December 2, 2024, when the court is expected to further consider the charges and the defense’s objections.

The case has drawn widespread attention, not only for the high-profile nature of the accused but also for the broader questions it raises about the use of military courts to try civilians on offences allegedly committed out of the country. Dr. Besigye’s detention, which his wife Winnie Byanyima described as unlawful and politically motivated, has reignited debates about the balance between national security and constitutional protections in Uganda. With the allegations of illegal possession of military-grade firearms and ammunition, and claims of plotting against the state, the trial is set to test the limits of Uganda’s legal and political systems in handling such sensitive and contentious cases.

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