Nakawa Chief Magistrate’s court has declined a state application seeking access to mobile phone records belonging to opposition figure Dr Kizza Besigye and his co-accused, Hajji Obeid Lutale, citing lack of jurisdiction.
Chief magistrate Christine Natenge ruled that the court no longer had legal authority to hear the application, as the suspects had already been formally committed to the High court for trial. She said once committal is completed, any lower court rulings on the matter are null and void.
The application, filed by chief state attorney Richard Birivumbuka, sought permission for investigators to extract data from the accused persons’ mobile phones to aid in their prosecution.
However, the same prosecution had committed the suspects to the High court on May 29, 2025, effectively placing the case beyond the reach of the magistrate’s court. The attempt to revert the case back to Nakawa for the phone data application drew strong objections from the defence.
Besigye’s legal team, led by Kampala Lord Mayor Erias Lukwago, argued that the state’s move was irregular and procedurally flawed. Following the court’s refusal to hear the matter, Besigye and Hajji Lutale who are currently on remand at Luzira Prison filed a complaint with the Judicial Service Commission, accusing the presiding magistrate of mishandling the proceedings and demanding her recusal.
Lukwago said their next legal step will be to apply for bail at the High court. Besigye, Lutale, and UPDF officer Capt. Dennis Oola face treason charges. According to the prosecution, between 2023 and late 2024, the trio allegedly conspired to overthrow the Ugandan government through activities conducted in Geneva, Athens, Nairobi, and Kampala.
Court documents allege that Besigye used international platforms to coordinate with foreign operatives, including a Kurdish intelligence agent identified as “AW.” Discussions reportedly included plans for sabotage, drone attacks, and the procurement of weapons, including surface-to-air missiles and chemical agents.
The state further claims Besigye received $5,000 from AW to transport 36 Ugandans to Kisumu, Kenya, for paramilitary training. The group was allegedly intercepted and deported to Uganda before training could commence.
These recruits now face separate terrorism charges. According to the prosecution, AW was acting in collaboration with Ugandan military intelligence and secretly recorded the alleged operations.
