KAMPALA, Uganda
The Uganda Director of Public Prosecutions (DPP) has filed an application before the Nakawa Chief Magistrates’ Court, seeking permission to access, analyze, and extract data from mobile phones belonging to Dr Kizza Besigye and his co-accused, Obeid Lutale.
The two, along with Captain
Denis Oola, are facing charges of treason and misprision of treason. The
application, filed on March 5, was presented in court on Friday, when the
accused appeared before chief magistrate Esther Nyandoi for an update on the progress
of the investigations.
Chief state attorney Richard
Birivumbuka informed the court that inquiries were still ongoing and sought an
adjournment, which was granted until March 28, 2025.
Among the devices the DPP
seeks to extract data from include a red mobile
phone with a black cover, a silver iPhone with a blue cover, a black
iPhone with a brown/black cover, a purple Samsung phone with a black cover and
a black Itel button phone.
The DPP argues that
preliminary investigations suggest these devices may have been used in
committing the alleged offences and could contain relevant evidence for
prosecution. Initially, Besigye and Lutale were being tried at the General
Court Martial in Makindye, but their case was transferred to civilian police
investigations following a Supreme Court ruling.
According to the DPP, the
police took over investigations on February 11, 2025, receiving several items
as exhibits, including the electronic devices in question. Detective Inspector
Benedict Odye, attached to the Directorate of Criminal Investigations in
Kibuli, stated in an affidavit that forensic analysis of the phones is
necessary to determine the evidential value of the data.
The DPP is also seeking a
court order to retain the devices until the case is fully disposed of. The
application for forensic analysis is scheduled for hearing on March 14, 2025.
However, defense lawyers Frederick Mpanga and Erias Lukwago objected to an immediate
hearing, arguing that: they were only served on Thursday, March 6, leaving
insufficient time to prepare.
Their clients had not yet
reviewed the application to determine whether they wanted them to oppose it.
The defense team needed time to consult Besigye and Lutale before filing
affidavits to oppose the application.
The prosecution, led by
Birivumbuka, requested to remove Capt. Oola from the application, so it would
proceed only against Besigye and Lutale. Mpanga further criticized the delay in
investigations, stating that “the days of trial by ambush are over” and demanded
to know what was left to investigate. Lukwago argued that the six-month
investigation period was being abused by the prosecution and called for faster
legal proceedings to ensure a fair trial.
Mpanga pointed out that
Besigye and Lutale have been detained since November 2024, while Capt Oola has
been in detention for over a year and four months. He emphasized that the
accused have been denied their right to liberty due to prolonged investigations.
Capt. Simon Buswaga Nsubuga,
Oola’s lawyer, agreed, questioning why investigations had not concluded after
such a long time. Before the court session ended, tension rose when armed
Counter-Terrorism (CT) officers entered and took position in the courtroom.
However, after protests from
court users, their commander instructed them to leave the court hall. The
prosecution alleges that between February 2023 and November 2024, Besigye,
Lutale, and Oola held meetings in Geneva (Switzerland), Athens (Greece), and
Nairobi (Kenya), as well as various locations in Uganda.
Solicited logistical support
and identified military targets with the intent to overthrow the government.
The main case was adjourned to March 28, 2025, while the application for data
extraction will be heard on March 14, 2025.
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