law 1 June 2026 Daily Monitor (Uganda)
Besigye pushes for Constitutional Court review in treason case
Dr. Kizza Besigye, facing treason charges, has asked the High Court to refer his case to the Constitutional Court, citing concerns over insufficient time to prepare his defence. Source: https://www.monitor.co.ug/uganda/news/national/besigye-seeks-constitutional-court-intervention-as-judge-sets-treason-trial-date-5481370
Four-time presidential aspirant Dr. Kizza Besigye is seeking a constitutional interpretation on the fairness of his treason trial. He has petitioned the High Court to have his case heard by the Constitutional Court, arguing that the seven-day period allotted to prepare his defense is unconstitutionally short.
The application comes after Justice Emmanuel Baguma ordered the prosecution to present its first witness on June 11, 2026, a decision the defense team vehemently opposed. Lawyers for Dr. Besigye, his aide Hajj Obeid Lutale, and UPDF Warrant Officer II Denis Oola argued they have not had adequate time to examine a significant volume of newly disclosed evidence, including approximately 10 hours of audio and video recordings.
“We need to have gadgets to play flash disks and we have to listen to them. Some are visual and others are audio,” stated senior defense lawyer Erias Lukwago, emphasizing the need for their clients’ liberty to facilitate necessary discussions and preparation.
The defense’s concerns were exacerbated by the prosecution’s failure to fully comply with a court order mandating complete disclosure of evidence by a specific deadline. While a portion of the evidence was served to the UPDF officer’s legal team, Besigye and Lutale’s lawyers reported being excluded.
Lawyer Lukwago accused the state of habitually disregarding judicial timelines, noting months of delays while the accused remain in detention. Despite the court acknowledging the prosecution’s violation of disclosure orders, it declined to impose further sanctions on the state.
Dissatisfied, defense lawyer Ernest Kalibala initiated the move for a constitutional reference, challenging the judge’s interpretation of Article 28(3)(c) of the Constitution, which guarantees an accused person adequate time and facilities for defense preparation.
The defense wants the Constitutional Court to clarify whether seven days is sufficient for treason suspects in detention to prepare, following full disclosure, and whether a trial can commence before preliminary proceedings are concluded. Justice Baguma is expected to rule on the constitutional reference today.
The state alleges that Besigye and his co-accused plotted to overthrow the government through domestic and international meetings between 2023 and 2024. Besigye has consistently maintained the charges are politically motivated.