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Court martial remands Besigye, Lutale over firearm charges

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02/12/2024
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Dr. Kizza Besigye's legal team addresses journalists after a court session where Besigye and his co-accused, Haji Obeid Lutale, were further remanded to Luzira Prison until December 10, 2024 
Dr. Kizza Besigye’s legal team addresses journalists after a court session where Besigye and his co-accused, Haji Obeid Lutale, were further remanded to Luzira Prison until December 10, 2024

KAMPALA, Uganda — A Ugandan military court has remanded Retired Col. Dr. Kizza Besigye and his co-accused, Haji Obeid Lutale, to Luzira Prison until December 10, 2024. The two face charges of unlawful possession of ammunition and a firearm.

The General Court Martial in Makindye made the ruling after Besigye’s lawyers requested an adjournment to process the practicing certificate of Kenyan lawyer Martha Karua. Karua lacks a practicing license from the Uganda Law Council, which is required to practice law in Uganda.

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According to the defense team, the Law Council assured them that the necessary paperwork would be provided by Tuesday. However, Court Martial Chairperson Brigadier Robert Freeman Mugabe declined to adjourn the matter to the following day, citing prior scheduled cases.

Mugabe proposed December 10 as the next court date, prompting Besigye’s lawyers to request a date within the week, emphasizing the importance of fairness. Mugabe explained that the Court Martial only sits two days a week, and the current week’s schedule was already full.

Prosecution’s Col. Raphael Mugisha questioned the reason for the adjournment, asking what would be addressed if the matter were adjourned to next week, as this was a prosecution case. Besigye’s lawyer, Lukwago, replied that it would still be a prosecution case and emphasized that they would be happy if their client, Besigye, were discharged.

Lukwago added that today’s session was to rule on preliminary legal matters raised previously, particularly the objections to the trial of civilians in a military court. However, the defense needed to resolve issues regarding Karua’s papers. Mugisha opposed the adjournment, arguing that the ruling was scheduled in the absence of Martha Karua.

Another defense lawyer, Eron Kiiza, stated that receiving a ruling is part of the legal process. Kiiza further argued that the prosecution could not force them to accept the ruling if they were not ready to do so.

Mugabe ruled that the defense’s request for an adjournment was valid. After consulting with the Judge Advocate, he confirmed that the request was indeed valid.

For now, Besigye and Lutale will remain remanded until December 10, 2024.

This is not the first time Dr. Besigye has been arraigned before the Court Martial. In 2006, he was charged with treason, rape, and concealment of treason. However, the charges were dismissed.

Since his declaration for the presidency, Besigye has faced numerous charges in several courts across the country, though no conviction has been obtained. He has consistently accused the state of politically motivated persecution rather than prosecution.

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Tags: Haji Obeid Lutalekizza BesigyeLuzira PrisonUganda Court MartialUgandan politicsUnlawful Possession of Ammunition

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