Africa-Press – Uganda. The Directorate of Public Prosecutions (DPP) has informed the Nakawa Chief Magistrates Court of its intention to amend charges against prominent opposition politician Kizza Besigye,l and his associate Obeid Lutale, as well as a third co-accused Captain Denis Oola.
However, the manner in which the information was presented sparked objections from the defense team, who cited a lack of transparency.
Chief State Attorney Richard Birivumbuka presented the charge sheet to the court, but notably, he held it in a way that obscured the new amendments from public view.
He folded the document and later placed his arm over it, preventing inspection.
This occurred after Grade One Magistrate Jonathan Tiyo, presiding in the absence of the Chief Magistrate, informed Birivumbuka he was instructed solely to adjourn the case, not to allow other proceedings or new issues.
Birivumbuka sought to have the amended charge sheet admitted onto the court record, a standard procedure after any amendment, to inform the accused of the new charges.
However, Magistrate Tiyo advised him to wait until the next session, explaining that Chief Magistrate Esther Nyadoi, who has been handling the matter, was attending a Chief Magistrates meeting with the Chief Registrar of the Judiciary.
Dr Besigye’s lawyers, led by Eron Kiiza, immediately requested a copy of the amended charge sheet, expressing concern about what they described as an “ambush.”
Sources close to the DPP’s office, who are not authorized to speak publicly, have indicated that the amendment primarily aims to correct grammatical and typing errors within the existing treason and misprision of treason charge sheet, rather than introducing new charges or particulars to the case.
Martha Karua, senior counsel from Kenya and lead lawyer for Besigye, objected to the amendment, stating, “We had not been given a copy of the charge sheet so as to prepare accordingly.”
Captain Oola, who was thrown into the case by the General Court Martial, is represented by Lawyer Captain Simon Nsubuga Busagwa.
Despite the defense’s concerns, Magistrate Tiyo maintained his instructions to adjourn the case for two weeks, emphasizing that other matters would be handled by the Chief Magistrate.
Another defense lawyer, Erias Lukwago, complained that the “continued detention or remand for his clients past six months is unlawful as they ought to be released from jail under mandatory bail terms.”
Speaking to the media, Lukwago criticized the Chief Magistrate’s absence from a case he described as “a matter of public and national interest,” questioning the urgency of the meeting she attended.
“This is grossly unfair,” he fumed.
Lukwago further highlighted an outstanding application for the enforcement of his clients’ rights that has not yet been disposed of.
The lawyers requested a shorter adjournment.
Lawyer David Mpanga also sought permission for the lawyers and relatives to meet with the accused persons after the court session.
This request was granted, with orders for the public and security personnel to move outside the courtroom, allowing relatives and lawyers to speak freely with their clients.
Prisons officers were instructed to secure the area from outside.
The case was adjourned to May 29, 2025, for further mention.
On April 22, 2025, Besigye and Lutale filed a second bail application after Justice Rosette Kania dismissed their initial request on April 11, 2025.
Justice Kania had cited a high risk of interference with investigations and the seriousness of the treason charges.
In their fresh application, which is yet to be heard by the High Court, the duo emphasized their permanent residences – Besigye in Kasangati and Lutale in Ssabagabo – and their willingness to comply with bail conditions.
The two have now spent over 180 days in custody on charges of treason and misprision of treason.
Prosecutors allege that while in Geneva, Athens, Nairobi, and Kampala, the suspects sought firearms, logistics, and funding to overthrow the Ugandan government.
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