Photo-montage of Col. Besigye in court martial dock, Brig. Freeman Mugabe and President Yoweri MuseveniPhoto-montage of Col. Besigye in court martial dock, Brig. Freeman Mugabe and President Yoweri Museveni

What makes news about former Forum for Democratic Change (FDC) leader, a four-time presidential unsuccessful contender Kizza Besigye, is not his arrest and charge with his co-accused Hajji Obed Lutale Kamulegeya, but the procedure he was extracted from Kenya to Uganda.

The duo was paraded before the Makindye General Court Martial charged with four counts among which illegally being in possession of two pistols with eight live bullets.

The argument propelled by Besigye’s lead Counsel Erias Lukwago is that, Besigye retired from the army and Lutale is purely a civilian who has never even gone for a scout training.

Lukwago’s argument is majorly based on the Constitutional Court December 2022 nullifying civilians being tried in army courts.

“I would declare that the UPDF Act 2005 to the extent that it may be understood as conforming jurisdiction on military courts to try civilians is Unconstitutional, null and void, “justice Elizatheth Musoke who read the led judgment ruled.

The major huddle is when the Chief Justice Alphonso Owiny-Dollo appealed against this verdict which under the law is supposed to be heard within six months, he has either intentionally or unemotionally not made any efforts to see it disposed of.

In this circumstance, the Judge Advocate of the Court Martial Afande Rapheal Mugisha is likely to base on this argument that the status quo remains the same for the civilian to be tried in the army courts because there is still a pending appeal.

This may cause the lead Counsel to the accused persons Erias Lukwago to run to Supreme Court ironically chaired by the same Chief Justice and seek an expeditious hearing and who knows the time this may take?

But it as it is,the state may have a big task to successfully prosecute the duo who did not go through a full process of extradition. Under the law, the two are presumed to still be in Nairobi because they did not legally go through the Uganda boarder process yet they were brought back to Uganda by road.

Government has in some cases failed to extradite Ugandans in various countries on charges of aggravated offense.

One example is the late Aggrey Kiyingi who was charged with other ADF suspects of indulging in sponsoring ADF rebels through Muslims clerics and through his sister-in-law Aisha Nakasibante who was a co- accused of the several Muslims who were charged of terrorism.

The Government of Uganda tried to use Interpol (International Police) to bring back Kiyingi and be added to the list of his alleged co accused on the terrorism charges but failed because of the security he had in Austria.

The charge sheet was later amended without Kiyingi’s name and then later disposed of freeing other co accused including Nakasibante.

Kiyingi would later find Uganda Federal Democratic Organization (UFDO) under whose auspices he intended to mobilize against Museveni in the run up to 2016. 

The government later revealed that it had incriminating evidence linking Kiyingi to the death of Muslim clerics in the country, an allegation the latter denied in our interview.

According to the Director of Public Prosecutions (DPP), Kiyingi gave money to the accused persons to recruit rebels into his group and also buy cars and motorcycles that were used to kill Sheikhs Muwaya and Bahiga to promote terrorism.

For this case to be a success, Prosecutors have to prove beyond reasonable doubt, on whether Besigye and Lutale were either legally deported or extradited.

Alternatively, it would be much easier for Lukwago and his fellow Counsel to put it on the State that the accused persons were illegally abducted from Nairobi.

It would have made more sense if Besigye was arrested within Uganda or better at the boarder immigration point.

A country can extradite a foreigner or it’s national through a process and in the case of Kenya through an application to the Cabinet Secretary which processes them in not less than a week, and this was not the case on Besigye and Obedi.

Watch the space a detailed insightful story on why Jamil Mukulu former ADF Commander who was arrested from Tanzania very many years ago has his cases not heard.

By; Siraje Lubwama,

Senior Investigative Journalist in crime, court land matters, human Rights.

Freelance Journalist, Alternative Digitalk

By Alternative Uganda

The Alternative Uganda born by The Jobless brotherhood in June 2014, We're a non-partisan/non-violent Social Movement whose aim is to see a youth led change. Creating Tomorrow Today: This-Is-Us . We're based in Kampala Uganda, East Africa established a NOT-FOR PROFIT online non-partisan (The Alternative Digitalk) media platform to offer space to the barred, unheard, marginalized and vulnerable voices at a NO cost.

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