Courtroom tensions flared on Wednesday as the Directorate of Public Prosecutions (DPP) attempted to amend charges against opposition figure Dr. Kizza Besigye, his associate Obeid Lutale, and Captain Denis Oola—without sharing the amended charge sheet with the defense, prompting accusations of legal ambush and lack of transparency.
The matter came up before Grade One Magistrate Jonathan Tiyo, who was presiding in the absence of Chief Magistrate Esther Nyadoi.
Chief State Attorney Richard Birivumbuka appeared with the amended charge sheet but raised eyebrows when he held the document in a folded manner, deliberately covering the contents from view. At one point, he placed his arm over the paper to block any inspection.
Defense lawyers immediately objected, accusing the prosecution of secrecy and unfairness. “You can’t sneak this in!” one lawyer shouted, as tension in the courtroom mounted. Eron Kiiza, leading Besigye’s defense team, called the maneuver a deliberate “ambush,” insisting that they had not been given a chance to review or prepare for any new charges.
Senior Counsel Martha Karua, representing Besigye from Kenya, echoed the outrage: “We had not been given a copy of the amended charge sheet to prepare accordingly. This violates our right to a fair hearing.”
Birivumbuka tried to defend the amendment, saying the changes were limited to correcting grammatical and typographical errors on the original treason and misprision of treason charge sheet. He requested that the court accept the new version onto the record.
However, Magistrate Tiyo declined to proceed, stating that his instructions were only to adjourn the case and not to handle any new filings. He explained that Chief Magistrate Nyadoi, who has been handling the case, was away attending a Chief Magistrates meeting with the Chief Registrar of the Judiciary.
Captain Oola, who was controversially added to the case through a General Court Martial ruling, was represented by Captain Simon Nsubuga Busagwa. The defense team as a whole remained united in protest, demanding transparency and a formal disclosure of the amended charges.
Erias Lukwago, another lawyer for Besigye, criticized the prolonged detention of the accused, who have now been in custody for over 180 days. “It is unlawful for our clients to remain in prison past six months without being granted bail.
Defense lawyers immediately objected, accusing the prosecution of secrecy and unfairness. “You can’t sneak this in!” one lawyer shouted, as tension in the courtroom mounted. Eron Kiiza, leading Besigye’s defense team, called the maneuver a deliberate “ambush,” insisting that they had not been given a chance to review or prepare for any new charges.
Senior Counsel Martha Karua, representing Besigye from Kenya, echoed the outrage: “We had not been given a copy of the amended charge sheet to prepare accordingly. This violates our right to a fair hearing.”
Birivumbuka tried to defend the amendment, saying the changes were limited to correcting grammatical and typographical errors on the original treason and misprision of treason charge sheet. He requested that the court accept the new version onto the record.
However, Magistrate Tiyo declined to proceed, stating that his instructions were only to adjourn the case and not to handle any new filings. He explained that Chief Magistrate Nyadoi, who has been handling the case, was away attending a Chief Magistrates meeting with the Chief Registrar of the Judiciary.
Captain Oola, who was controversially added to the case through a General Court Martial ruling, was represented by Captain Simon Nsubuga Busagwa. The defense team as a whole remained united in protest, demanding transparency and a formal disclosure of the amended charges.
Erias Lukwago, another lawyer for Besigye, criticized the prolonged detention of the accused, who have now been in custody for over 180 days. “It is unlawful for our clients to remain in prison past six months without being granted bail.
The law is clear—they qualify for mandatory release,” Lukwago asserted. He also condemned the Chief Magistrate’s absence from the session, calling the case one of “national significance” that deserved her direct attention.
Adding to the defense’s frustrations, a pending application on the enforcement of the accused’s constitutional rights has yet to be addressed.
Lawyer David Mpanga asked the court for permission to allow lawyers and family members to meet privately with the accused. The request was granted. The public and security personnel were asked to vacate the courtroom, and prison officers were instructed to secure the area from outside, giving the defense team time to consult with their clients in confidence.
The matter was adjourned to May 29, 2025, for further mention.
Besigye and Lutale’s second bail application, filed on April 22, 2025, remains pending. Their initial request was denied by Justice Rosette Kania on April 11, citing the seriousness of the treason charges and the risk of interference with investigations.
In their renewed application, the accused emphasized their permanent residences—Kasangati (Besigye) and Ssabagabo (Lutale)—and assured the court of their willingness to comply with any bail terms.
The prosecution alleges that the trio sought funding, firearms, and logistics in cities including Geneva, Athens, Nairobi, and Kampala with the intent to overthrow the Ugandan government.
Adding to the defense’s frustrations, a pending application on the enforcement of the accused’s constitutional rights has yet to be addressed.
Lawyer David Mpanga asked the court for permission to allow lawyers and family members to meet privately with the accused. The request was granted. The public and security personnel were asked to vacate the courtroom, and prison officers were instructed to secure the area from outside, giving the defense team time to consult with their clients in confidence.
The matter was adjourned to May 29, 2025, for further mention.
Besigye and Lutale’s second bail application, filed on April 22, 2025, remains pending. Their initial request was denied by Justice Rosette Kania on April 11, citing the seriousness of the treason charges and the risk of interference with investigations.
In their renewed application, the accused emphasized their permanent residences—Kasangati (Besigye) and Ssabagabo (Lutale)—and assured the court of their willingness to comply with any bail terms.
The prosecution alleges that the trio sought funding, firearms, and logistics in cities including Geneva, Athens, Nairobi, and Kampala with the intent to overthrow the Ugandan government.
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