When hearing the Treason case against Dr Kizza Besigye and his longtime friend Hajji Obeid Lutale kicks off, prosecution may need to explain the personality of their co accused Capt. Danes Oola.
On January 13 this year, Captain Danes Oola attached to Armoured Brigade headquarters was paraded in the metallic accused box and charged with treachery and offenses related to security.
In the charge sheet prepared by army prosecution, Capt. Danes Oola was said to be 48 years and the court that was full to capacity learnt that the new accused just like the duo (Besigye and Lutale) were all subject to military law then, contravened section 47 (g) of the UPDF Act Cap 30.
“Dr Kizza Besigye 67 years old, a resident of Kasangati, Hajji Obeid Lutale 65 years a resident of Mutundwe and RO/12743 Capt. Danes Oola and others still at large between the year 2023 and November 2024 at various places/ countries including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya, Kampala in Uganda, contrived a plot , act or matter by force of arms to overturn the Government of Uganda as by law established and expressed or declared such a plot, an act or mater by utterances and overt acts,”
Brig Mugabe read the first count.
Whereas Danes Oola pleaded not guilty to the charges, through their lawyers Besigye and Lutale refused to take plea arguing that the tribunal they appeared before is illegal.
With their refusal, Brig Freeman Mugabe chose to record a plea of not guilty and denied their players to challenge the entire proceeding in High Court.
On January 31 this year, the Supreme Court delivered the long-awaited verdict of the appeal filed by former Nakawa legislator Michael Kabaziguruka verses the Attorney General where all justices led by the Chief Justice Alfonse Owiny-Dollo declared trying civilians in army court as unconstitutional.
The Chief Justice making several recommendations ordered that those files of civilian accused persons and those who appealed to be forwarded to the Director of Public Prosecution (DPP) to be referred to civilian courts.
On February 20, the preferring officer in the DPP’s office prepared a similar charge sheet and the following day the trio was paraded before Nakawa Magistrate Court charged and remanded after pleading not guilty to the charges
The DPP also maintained the count of misprision to treason in which the accused have to explain in their defenses why they refused to give this treason information to the line minister, an administrative officer, a Magistrate or an officer in charge of a police station or use all reasonable endeavors to prevent the commission of this alleged treason act.
The major controversy.
The major controversy according to our investigations is that these two Captains, Danish Oola Oyaa charged on February 25, 2024 have so many similarities with Denis Oola who was charged in February this year.
In this new case Capt. Danes Oola shares the same army rank and army number RO/12743and similar face as Danish Oola who was charged with criminal charges, tried and convicted and sentence to prison together with three other co accused persons all junior army officers from the same Armory Brigade headquarters.
These are: Benjamin Eduru 26, WOII Sunday Oryek Jenero 48, and Sgt (deserter) Bernad Morris aka Anduadia Peter 50.
Whereas Edru is attached to 6 Tank battalion, Jenaro is attached to Maintenance Unit as a tank engine technician and since Morris had deserted the army, his former position is not mentioned on the charge sheet.
Borrowed ages?
When one critically looks at both last year charge sheet and the current one regarding the two Oolas, your find a difference of nine year between the two.
Whereas Capt. Denish Oola Oyaa on February 24, 2024 was 39 years of age, the Capt. Denis Oola who was is charged with Besigye in February this year is 48yrs both from Armored Brigade headquarters.
When hearing begins, friends of court and those interested in following this court will have to watch the burden on the prosecution to either prove that these two are different people of which one who was charged last year is different from the one charged jointly with Besigye and Lutale.
In the event that Denish oola Oyaa and Denis Oola are the same, prosecution will have to explain the difference of nine years from 39yr to 48 years this year.
When contacted for a comment or clarifications from the Director Defence Public Information (DDPI), the newly promoted Maj Gen Felix Kulaigye told our reporter that he does not remember and promised to check for information.
Martha to continue as lead Counsel.
On March 7, a week before Besigye’s bail application was scheduled to be entertained by High Court Judge Comfort Rosette Kania, the retired Colonel Besigye basing from Luzira Upper Prison cells where he is incarcerated since November 2024, wrote to the Uganda Law Counsel (ULC) informing it that he wants Senior Counsel Martha Karua to also be his lead counsel in the civilian courts.
He wrote to the Secretary ULC asking his Nakawa Criminal Case No A 0003 of 2025 and Criminal application No 0113 of the same year to be led by former Kenyan justice minister and Senior Counsel Martha Karua.
“This is to inform you that we the undersigned, have instructed hon Martha Karua (Senior Counsel) to act as our lead Counsel in the above matters and also in any High Court process, if when committed for trial, please, render all the necessary assistance to make it possible, thank you, yours sincerely, | Besigye signed his handwritten letter to the ULC.
According to our sources, Besigye’s intention to write to ULC was because it is solely mandated to issue special temporarily practicing certificates to foreign lawyers Whereas it took Karua a lot of trouble to secure one.
ULC had initially refused to give a special practicing certificate for Martha a Kenyan lawyer to represent Besigye and Lutale until the now wanted ULC president Isaac Ssemakadde intervened. To renew this certificate, Martha must re-apply again.
Why Besigye refused court martial bail.
When Besigye was before the Makindye based General court Martial (GCM), his wife Winnie Byanyima brought two proposals to have Besigye fled.
One was to seek president Museveni’s political intervention and also to seek liberal lawyers to apply for bail in the army court.
Out of the about 50 lawyers representing Besigye and his co accused Obeid Lutale Kamulegeya, Winnie approached F.A Mpanga and Co Advocate, lawyers he thought were not aggressive to government to apply for bail.
Sources allege that when Besigye had of this idea, he refused to meet lawyers from FA Mpanga and Co Advocates and called Lukwago not to dare apply for bail in the army court which he believes was illegal.
When Besigye refused Byanyima’s proposal to meet president Museveni to solve the bail application political, she got annoyed and briefly flew back to her UNSAID job.
Besigye’s prayer to go to High Court and object to the DPP’s applications to search transactions in his mobile phone was granted and the matter is coming up on Friday April 11, 2025.
By; Siraje Lubwama,
Senior Investigative Journalist in crime, court land matters, human Rights.
Freelance Journalist, with Alternative Digitalk