Besigye Lodges Constitutional Court Petition on Army Court Trial

Four time presidential candidate Dr. Kiiza Besigye and his political aide Hajji Obeid Lutare have run to the Constitutional court to file a petition challenging several sections of the UPDF Act which they say is not clothed with any jurisdiction to try them with offences that are triable by civilian courts. 

Besigye who avers in the petition  that he is a member of an  oppositon political party PFF that seeks to lawfully change the current Government  contends that he and Hajji Lutare are illegally held on remand at  Luzira prison from where they continue to under go trial on  offences for which the the  General Court Marti lacks territorial jurisdiction having been allegedly committed in Kenya, Switzerland and Greece.

The duo is further complaining about  the acts and omissions  of Security personeel whom they accuse of  Kidnapping them from Kenya and  repatriating them  against their will in addition to holding  them  incommunicado at Makindye Millitary barracks for  three nights. 

Besigye complains in his petition  that he will not get a fair trial before the General Court martial as its members cannot take independent decisions because the CDF from whom they draw their authority from has on several occassions taken to his (X)account and threatened to hang him on a tree on this year’s Heroe’s day in Gulu. 

He therefore says the commentaries of the CDF are an attack on his right to a fair hearing and presumption of innocence protected by Articles 28 , 44and 128 of the Constitution. 

The duo is now asking court to issue an  order terminating their trial and that of other civilians in the millitary court as their right to a fair and speedy trial is at stake. 

Besigye and Hajji Lutale also seek orders for an immediate  discharge from Luzira prison where they have been since 16th/ November 2024 on charges of unlawful possession of firearms and ammuntion and Treachery .

The two have further asked the Constitutional court to order Government award them with the costs of this petition having contracted services of 13 law firms .

The Attorney General of Uganda who has been listed as the respondent on the said petition is yet to be summoned to file a response to both the petition and an application for a temporary injuction filed by Dr. Besigye and his colleague.