Dr Kiiza Basigye (2nd Left) and co-accused Hajji Obeid Lutale (Right) appearing in court on Thursday this week
HABARI DAILY I Kampala, Uganda I Prosecution alleges that Kizza Besigye, Hajji Obeid Lutale, Denish Oyaa Oola and others still at large, between 2023 and 2024, in various countries including Switzerland, Greece, Kenya and Kampala, Uganda, conspired to overthrow the Government by force of arms.
According to the charge sheet, the accused, knowing that another person intended to commit treason, failed to provide information to Ugandan authorities, amounting to misprision of treason.
The allegations emerged prominently during proceedings before Justice Emmanuel Baguma at the Criminal Division of the High Court in Kampala, where prosecutors attempted to explain why Besigye has been linked to an alleged weapons drop operation in the Democratic Republic of Congo.
Chief State Attorney Joseph Kyomuhendo told court that Besigye allegedly coordinated the dropping of weapons in DR Congo, an accusation that forms part of the broader treason case facing the veteran opposition politician.
However, under cross-examination by defence lawyer Bayern Turinawe, Kyomuhendo conceded that no weapons were ever actually dropped, delivered or recovered. Despite this admission, the prosecution insisted the matter still amounted to arms trafficking and conspiracy.
“Whether the weapons were dropped or not, the matter involves arms trafficking,” Kyomuhendo told court.
The prosecution’s argument appears to rely heavily on what it termed “intention” and “common intention” rather than proof of an actual weapons transfer.
Turinawe challenged the state’s claims, arguing that the case was built largely on allegations that the accused only provided coordinates for a possible weapons drop in DR Congo.
Kyomuhendo admitted there was no evidence that the weapons were delivered, saying the state was relying on “intention” and “common intention.”
Turinawe argued that intention alone does not amount to trafficking in the absence of proof that any weapons were moved, delivered or handled.
When asked whether the prosecution’s summary of evidence pointed to intention rather than actual execution of the alleged offence, Kyomuhendo declined to answer directly, saying the question would be prejudicial to the accused.
The exchanges between the prosecution witness and defence lawyers became heated at several points, prompting the court to intervene and caution counsel against delving into contested evidence at that stage.
The testimony arose during hearing of an application by the prosecution seeking permission to conceal the identities of six witnesses, citing security concerns.
Besigye and Lutale are jointly charged with treason and misprision of treason alongside Oola of the Uganda People’s Defence Forces. The offences carry a maximum penalty of death upon conviction.
During the hearing, the defence also challenged Kyomuhendo’s claims that Frank Kihehere, who remains at large, had threatened to harm the six prosecution witnesses.
The defence argued that the prosecution had failed to present evidence supporting the alleged threats and questioned the legal basis for concealing witness identities.
Turinawe also challenged the prosecution’s reliance on international law in seeking witness protection, arguing that the cited legal instruments do not apply to treason-related offences.
He told court that although the United Nations Convention against Transnational Organised Crime provides for witness protection, treason is not among the offences covered under the convention.
Kyomuhendo disagreed, arguing that treason can be linked to organised crime through alleged arms trafficking activities. Under further questioning, however, he conceded that treason is not explicitly mentioned in either the convention or its protocols.
Other members of the defence team include Martha Karua, Ernest Kalibbala, Fred Mpanga, Erias Lukwago, Farouk Kamulegeya and Simon Nsubuga. The state is represented by Chief State Attorney Richard Birivumbuka.
The proceedings continue amid intense political interest, with legal analysts closely watching whether prosecutors can substantiate claims linking Besigye to a weapons trafficking conspiracy despite acknowledging that no actual weapons drop took place.
