The Nakawa Chief Magistrate’s Court has declined a request by the State to access the mobile phone records of opposition figure Dr. Kizza Besigye and co-accused Hajji Obeid Lutale, citing lack of jurisdiction over the matter.
Chief Magistrate Christine Natenge ruled that her court no longer has authority to entertain such an application, as both Besigye and Lutale were formally committed to the High Court for trial on May 29, 2025.
She emphasized that once committal is complete, the magistrate’s court ceases to have any legal mandate over the case, and any ruling made would be invalid.
The State, represented by Chief State Attorney Richard Birivumbuka, had filed an application seeking permission to extract data from the suspects’ mobile phones, claiming the information was critical to strengthening the ongoing treason case.
However, the attempt to bring the case back before the lower court was strongly opposed by the defense team.
Besigye’s lawyers, led by Kampala Lord Mayor Erias Lukwago, challenged the State’s move, arguing that the magistrate’s court had no legal grounds to revisit a matter already committed to the High Court.
They questioned the prosecution’s intentions and accused the State of procedural abuse.
Following the court’s refusal to hear the application, Dr. Besigye and Hajji Lutale filed a complaint with the Judicial Service Commission, accusing Magistrate Natenge of mishandling the matter and demanding her recusal from any future involvement.
Both men remain on remand at Luzira Prison as they await trial. Their legal team has indicated plans to file a bail application before the High Court in the coming days.
Dr. Besigye, Hajji Lutale, and UPDF officer Captain Dennis Oola are facing charges of treason. According to prosecution documents, between 2023 and November 2024, the accused allegedly conspired to overthrow the Ugandan government.
The alleged acts took place at various international and local locations, including Geneva, Athens, Nairobi, and Kampala.
The State contends that the trio held clandestine meetings, solicited funds, and acquired firearms as part of a plot to destabilize the government.
They are further accused of failing to report the conspiracy to relevant authorities.
The committal documents specifically allege that Rtd. Col. Dr. Kizza Besigye Kifefe, a former senior army officer and founding member of the Forum for Democratic Change (FDC), used platforms in Geneva, Athens, and Nairobi to coordinate efforts to unseat the government during 2023 and 2024.
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