Nakawa Chief Magistrate’s Court has blocked a state application seeking access to Besigye phone records, citing lack of jurisdiction due to an earlier High Court committal. Chief Magistrate Christine Natenge ruled that the court had no legal authority to decide on the request, as the matter had already moved beyond its reach.
The state, through Chief State Attorney Richard Birivumbuka, had asked for permission to extract mobile data from Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale. Prosecutors claimed the phone information was essential to building a stronger treason case. However, the application came after the suspects were formally committed to the High Court for trial on May 29, 2025.
Magistrate Natenge clarified that once a lower court completes committal, it loses control over the matter. Therefore, any subsequent rulings at that level are invalid. Her decision halted the state’s attempt to revisit the case at Nakawa, drawing praise from the defence but also triggering further legal maneuvers.
Lord Mayor Erias Lukwago, leading Besigye’s legal team, argued that the state acted irregularly. He described the prosecution’s actions as a clear procedural violation. According to Lukwago, once the High Court takes charge, all applications must go through that channel. He confirmed the defence would now file a bail application in the High Court as their next step.
Following the ruling, Besigye and Hajji Lutale—both currently held at Luzira Prison—submitted a formal complaint to the Judicial Service Commission. They accused Magistrate Natenge of mishandling proceedings and called for her recusal from any related matters.
Besigye, Lutale, and Capt. Dennis Oola of the Uganda People’s Defence Forces face treason charges. Prosecutors allege the trio conspired to overthrow the government between 2023 and late 2024. The state claims their plot involved operations in Geneva, Athens, Nairobi, and Kampala.
According to court filings, Besigye used international channels to coordinate with foreign agents. Among them was a Kurdish intelligence officer identified only as “AW.” Reportedly, they discussed drone attacks, sabotage, and procurement of advanced weapons, including chemical agents and surface-to-air missiles.
Moreover, the state claims AW gave Besigye $5,000 to help transport 36 Ugandans to Kisumu, Kenya. There, the group was to undergo paramilitary training. However, Kenyan authorities allegedly intercepted and deported the recruits before the training began.
Those 36 Ugandans now face separate terrorism-related charges. Prosecutors further claim that AW had secretly recorded conversations and passed the intelligence to Ugandan authorities. They argue this evidence supports their treason case against the accused.
The Besigye phone records court ruling represents another twist in a case already attracting significant political and legal attention. With the High Court now holding jurisdiction, both prosecution and defence must shift their strategies to a more advanced legal forum.
READ: Dr. Kizza Besigye Files Fresh Bail Application Amid Treason Detention