Treason Trial Stalls: Besigye and Lutale Boycott High Court Proceedings

The highly anticipated treason trial of four-time presidential candidate Dr. Kizza Besigye and his political aide, Hajji Obeid Lutale, hit a major roadblock on Thursday morning after the two opposition figures boycotted the opening proceedings at the High Court’s Criminal Division in Kampala.

The duo, who face grave charges of treason and misprision of treason, declined to leave Luzira Maximum Security Prison, citing unresolved procedural and constitutional issues between their defense lawyers and the court.

Their absence forced the presiding judge, Justice Emmanuel Baguma, to halt the proceedings and adjourn the high-stakes hearing to June 30, 2026.

When the court convened on Thursday, June 11, prison authorities produced only one of the three co-accused: Capt. Denish Oyaa Oola of the Uganda People’s Defence Forces (UPDF), who is attached to the Armoured Brigade.

When questioned by Justice Baguma regarding the whereabouts of Besigye and Lutale, Assistant Superintendent of Prisons Emmanuel Hiire informed the court that the two civilian suspects had deliberately opted out of the day’s session. Hiire explained that the pair refused to attend, stating that their legal team still had fundamental, unresolved grievances with the court’s management of the trial.

The defense team, led by Eron Kiiza alongside other prominent lawyers including Erias Lukwago and Ernest Kalibbala, stood firm in court, asserting that it would be legally irregular to proceed with the trial and examine state witnesses in the absence of the primary accused persons. Conceding to the legal standard, Justice Baguma agreed with the defense and pushed the matter to the end of the month.

The boycott is the climax of weeks of intense legal friction between Besigye’s legal team and the High Court over trial preparations and the fundamental right to a fair hearing.

The defense has consistently protested the tight timelines imposed by the court following the state’s full disclosure of evidence. The lawyers recently petitioned the court seeking a constitutional reference, arguing that the seven days granted between receiving the state’s evidence and the preliminary hearing was entirely insufficient to prepare a robust defense for a capital offense.

Furthermore, the defense has faced significant logistical hurdles. In a recent letter to the Deputy Registrar, the lawyers complained that prison authorities had blocked them from accessing Luzira Prison with essential electronic equipment—specifically laptops and flash drives—needed to review the voluminous digital evidence with their clients in confidentiality.

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However, Justice Baguma recently dismissed their application for a constitutional reference, ruling that the seven-day period was adequate and ordering the trial to commence as scheduled—a ruling that likely served as the catalyst for Thursday’s boycott.

The state, represented by Assistant Director of Public Prosecutions Thomas Jatiko and Chief State Attorney Richard Birivumbuka, was fully prepared to open its case on Thursday. The prosecution had already lined up two witnesses who were present in court and ready to testify against the accused.

According to the official charge sheet, the prosecution alleges that between 2023 and 2024, Dr. Besigye, Lutale, Capt. Oola, and others still at large, mobilized and conspired to overthrow the Government of Uganda through the use of armed force. The state claims these subversive meetings took place in several locations across the globe, including Switzerland, Greece, Kenya, and Uganda.

The suspects are also charged with misprision of treason, with the state alleging that they had foreknowledge of a plot to commit treason but deliberately failed to alert relevant Ugandan authorities to prevent it. If convicted, the offenses carry a maximum penalty of death.

With the trial now stalled until June 30, it remains to be seen whether the defense and the court registry will resolve the underlying disputes regarding prison access and trial preparation time before the next scheduled appearance.