KAMPALA, Uganda | Nakawa Chief Magistrate’s Court has referred the case involving four-time presidential candidate Dr Kiiza Besigye and his co-accused, Hajji Obeid Lutale, to the High Court. The duo are charged with treason and misprision of treason for allegedly conspiring to overthrow the Ugandan government.

Chief Magistrate Christine Nantenge denied mandatory bail to the accused despite having spent more than 6 months on remand, which violates Article 23(6) of the Constitution of Uganda, which gives suspects held for over 180 days mandatory bail without being committed to the high court for trial.

The prosecution, led by Chief State Attorney Richard Birivumbuka, told the court that 180 days should be counted from the date of new charges but not including the ones on remand at the court-martial.

“They have only been on remand for four months and eight days under the charges known to this civil court; the previous military proceedings have no bearing on this matter.” Birivumbuka told court

Defense lawyers led by Martha Kurua asked the court, ”When does the period of the accused on remand start?” and added that charging civilians in military courts undermines the constitution’s protection of liberty.”’

”Liberty cannot be reset by transferring the file or rephrasing the charges; the constitution protects against prolonged detention, not only under one courtroom.” Kurua argued

They further argued that the court cannot entertain amendments to the charge sheet without addressing the accused’s liberty as a matter of priority; the charges can be amended, but liberty cannot be postponed.

Chief Magistrate Christine Nantenge ruled that the court lacks authority to award the accused mandatory bail.

”This court lacks jurisdiction to entertain constitutional interpretation or consider time spent in military custody; advise the applicants to petition to High Court for a remedy.” Nantenge ruled

Col. (Rtd) Dr Kizza Besigye and Hajji Obed Lutale sought release on bail from remand, where they had been since February 2025, charged with treason and misprision of treason for allegedly conspiring to overthrow the Ugandan government across various jurisdictions, including Uganda, Kenya, Greece, and Switzerland.