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February 12, 2025

Uganda: Besigye Lawyers to Appeal Court Martial Decision

The Court Martial session, presided over by Brigadier General Freeman Mugabe, saw the defense team argue that constitutional clarity was necessary for a fair trial.

The legal team for opposition leader Dr Kizza Besigye and businessman Hajj Obeid Lutale has announced plans to challenge a ruling by the Court Martial, which declined their request to refer constitutional issues to the Constitutional Court for interpretation.

The Court Martial session, presided over by Brigadier General Freeman Mugabe, saw the defense team argue that constitutional clarity was necessary for a fair trial.

However, Brigadier Mugabe ruled otherwise, explaining, “The court has authority to give its opinion. It can disagree or agree on whether to make a reference or not. The court, therefore, declines the application for the constitutional reference.”

Frustrated with the decision, Besigye’s lawyers, including Martha Karua and Fredrick Mpanga, revealed their intention to appeal.

Lawyer Erias Lukwago, who had earlier attempted to make headway by dissecting relevant laws, faced criticism from the bench for failing to convince the court.

Brigadier Richard Tukacungurwa, serving as judge advocate, accused the defense of delaying the trial.

During the proceedings, the court read charges against Besigye, Lutale, and their co-accused, Captain Denis Oula. These include treachery, and illegal possession of firearms and ammunition.

Captain Oula denied all charges, while Besigye and Lutale declined to plead. Besigye questioned his right to appeal the ruling, only to be told by Brigadier Mugabe, “The appeal is made on the final decision of the court. There is no appeal against the ruling.”

Brigadier Mugabe reminded the defense that appeals could be pursued through the Court Martial Appeals Court at the trial’s conclusion.

He stressed the importance of interpreting the laws in conjunction with one another, emphasizing that the Court Martial retains discretion on constitutional referrals.

The trial remains ongoing, with Besigye and Lutale remanded to Luzira Prison until February 3, 2025, when the case will be mentioned again.

By Nile Post.

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