Muntu faults Judiciary on Besigye treason case

Kampala.

Forum for Democratic Change (FDC) president Mugisha Muntu yesterday faulted the Judiciary on the way Dr Kizza Besigye, the party’s candidate in the February presidential elections, was charged with treason at sunset in the north-eastern district of Moroto in Karamoja sub-region.

Dr Besigye, who maintains he won the February 18 presidential election, was arrested on Wednesday after he beat round-the-clock surveillance around his Kasangati home, where he was being held, and showed up in the centre of Kampala, drawing excited crowds.
The police and army reacted by firing teargas and clobbering the people who had converged around Dr Besigye’s car. With the crowds dispersed, Dr Besigye’s car was towed away and he was flown to Karamoja sub-regionlater that evening.
“This is the second time in a space of a month the courts are sitting after working hours to further Gen Museveni’s offensive against the Opposition,” Gen Muntu told journalists in the compound of the FDC headquarters at Najjanankumbi.
The first incident Gen Muntu referred to was the charging of Dr Besigye on Friday, at about 6.30pm, and charging him with treason before the Magistrate’s Court in Moroto. Gen Muntu said this was irregular since Dr Besigye had not been allowed access to his lawyers and had not recorded a charge-and-caution statement at the time of his charging.
The second incident happened on April 29, again at about 6.30pm, when Deputy Chief Justice Steven Kavuma issued an order banning FDC’s “defiance campaign”, following an application by the Attorney General.

The application had been lodged in the court on that very day and FDC and Dr Besigye, who were the respondents in the matter, had not yet been served by the time the order was issued. The order suspended all activities around the defiance campaign, including prayers and demonstrations for four weeks. Dr Besigye and FDC vowed to defy Mr Kavuma’s order and attempted to go on with the activities, prompting numerous arrests and detentions.

In a direct appeal to Chief Justice Bart Katureebe, Gen Muntu called for the Judiciary, “that treats all Ugandans as equal. They should act independent of the Executive, consistent with the principle of separation of powers.”
Gen Muntu addressed the press outside the party’s offices because the policemen, who guard the premises, took long to be cleared by their superiors. The police took over the party’s offices days ago, saying it is a scene-of-crime. The grounds inside the FDC compound where the weekly prayers were held, for instance, are cordoned off and preserved as a scene-of-crime.
Journalists spent about 30 minutes outside the party’s headquarters because the police could not allow them in, until Gen Muntu arrived and after consultations on phone, he was allowed into the premises, accompanied by outgoing Tororo County MP and FDC treasurer Geofrey Ekanya.
Gen Muntu said the party would dispatch a team of lawyers and officials to visit Dr Besigye in Moroto on Monday, although unconfirmed information by press time indicated that Dr Besigye would be transferred to Luzira Maximum Prison in Kampala.
He said the party’s leadership would meet on Monday to discuss how to approach the matter, but he made specific demands to the government, including releasing Dr Besigye unconditionally and the police vacating the FDC headquarters. He also demanded an independent audit into the election, the “only” thing FDC and Dr Besigye insist will clear the air over who won the election.

Reactions to Besigye treason charges

Kiryowa Kiwanuka (NRM leaning lawyer). “It’s not okay for someone to illegally assume the Office of the President, because in taking oath, you say you will be performing the functions of the President, so how will he perform these functions? This is treasonable…”

Francis Gimara, Uganda Law Society (ULS) president. “As ULS, we have not yet looked at the charge sheet and we can’t comment now. But my personal opinion is that there are widening political risks and court may not be the best place to resolve them.”

Yusuf Nsibambi, one of Dr Besigye’s lawyers. Why transfer him from the area where he is alleged to have committed the offence? Charging the suspect in the area where he/she is alleged to have committed the offence is to enable him/her defend themselves effectively.”

Ladislaus Rwakafuuzi, Human Rights lawyer. “The demonstrations by Dr Besigye and the defiance campaigns that he was promoting don’t constitute the charge of treason as prescribed by the Penal Code Act.”

Ibrahim Ssemujju Nganda, FDC party spokesperson. What is not surprising is that he has been charged with treason before. The judiciary, however, must not allow to be used as a pawn in this [political] game. What was the magistrate doing in court at that time?”

Polly Namaye, deputy police spokesperson. Moroto station is a gazetted detention centre. Dr Besigye committed the offence in the entire Uganda when he declared himself president... so, he could be charged anywhere. Compiled by Stephen Kafeero & Anthony Wesaka