Kampala, Uganda | THE INDEPENDENT | Attorneys representing jailed opposition flesh presser Rt. Col. Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale Kamulegeya, fetch formally requested Nakawa Chief Magistrate Christine Nantege to recuse herself from additional presiding over their case, citing bias, incompetence, and judicial misconduct. The inquire of modified into as soon as presented in court docket on Thursday by the honest team led by Erias Lukwago, who additionally submitted a proper complaint to the Judicial Service Commission.
In their petition, Besigye and Lutale accuse Magistrate Nantege of judicial malpractice, abuse of authority, and violations of their constitutional rights. The complaint modified into as soon as raised in court docket Thursday morning because the 2 returned for a listening to in which the reveal seeks to confiscate and habits forensic prognosis on their cellphones as phase of the ongoing treason case.
Besigye and Lutale object to Nantege handling the utility, arguing that attributable to the gravity of the costs, which raise the loss of life penalty, it’ll be particular by a judicial officer who demonstrates impartiality and procedural competence. The accused argue that Magistrate Nantege is unfit to hear the utility attributable to her past habits, particularly her resolution to commit them to the High Court docket within the absence of their honest counsel.
They explain this violates Article 28(3)(d) of the Structure, which guarantees the comely to honest illustration. They additional contend that when the case modified into as soon as dedicated to the High Court docket on Could also simply 29, 2025, the magistrate ceased to fetch jurisdiction, and her resolution to repair a listening to for the reveal’s utility put up-committal is against the law. Lukwago cited Half 168 of the Magistrates Courts Act, which stipulates that a magistrate’s role ends as soon as a case is dedicated for trial within the High Court docket.
Besigye and Lutale additionally accuse the magistrate of refusing to acknowledge that they’ve exceeded 180 days on remand, which below the 2022 Constitutional Bail Pointers makes them eligible for an crucial bail. They explain her failure to ahead their file to the High Court docket to facilitate the bail course of portions to a violation of Article 23(8) of the Structure and reflects both negligence or deliberate obstruction.
The complaint additionally highlights concerns about court docket dysfunction, at the side of verbal and physical confrontations, which the defence claims were left unchecked by the magistrate, thus undermining the integrity of the complaints and endangering court docket users. The Judicial Service Commission acknowledged receipt of the complaint on June 12, 2025.
It requires a proper investigation into Magistrate Nantege’s habits, acceptable disciplinary action, and new guidance to magistrates on jurisdictional limits and the upholding of constitutional rights in criminal trials. After listening to the defence’s inquire of, Magistrate Nantege acknowledged she would raise her ruling on whether she can recuse herself from the case on June 26, 2025.
Meanwhile, Besigye and Lutale were additional remanded to Luzira Jail, the keep they await arraignment earlier than the High Court docket on treason charges. They were collectively dedicated with Captain Denis Oola by Nakawa Chief Magistrate Richard Birivumbuka. No topic the committal, the DPP’s utility to extract cellular phone records stays pending in Nakawa, a type the defence says contradicts honest course of and escalates their grievances against Magistrate Nantege.
In conserving with committal documents, the reveal alleges that between 2023 and November 2024, Besigye, Lutale, and Oola conspired to overthrow the Ugandan government by strategy of acts and utterances made in Geneva (Switzerland), Athens (Greece), Nairobi (Kenya), and Kampala. The prosecution claims the trio attended strategic meetings, solicited funds, and sought firearms in pursuit of their notion.
The reveal additional alleges that Besigye, a retired colonel and founding member of the Forum for Democratic Alternate (FDC), frail these meetings to coordinate with international operatives—at the side of a Kurdish intelligence agent identified as “AW”—to discuss sabotage, navy practicing, and an assassination strive on President Yoweri Museveni the usage of a drone. Prosecutors claim Besigye purchased $5,000 from AW to transport 36 Ugandans to Kisumu, Kenya, for paramilitary practicing.
The personnel modified into as soon as intercepted, arrested, and deported to Uganda, the keep they were charged with terrorism. The operation, according to the reveal, modified into as soon as monitored and recorded by AW in cooperation with Ugandan navy intelligence. Besigye is additionally accused of requesting navy-grade weapons, deceptive currency, and ricin poison with the alleged plot of concentrated on major navy installations.
The reveal intends to rely on audio and video recordings, social media conversations, immigration logs, and cellular phone name records in the end of the trial. The accused were arrested on November 17, 2024, in Kenya, allegedly in possession of pistols and other prohibited objects. Captain Oola modified into as soon as reportedly recruited into the notion in October 2023 and expressed give a boost to for the coup in WhatsApp messages.
The reveal alleges that the three acted with general intent and didn’t file the planned treasonous acts, and can flee the High Court docket to convict them as charged.
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