Dr Kizza Besigye and co-accused Hajj Obeid Lutale in the dock at Military Court Martial in Makindye, Kampala on December 03, 2024. Photo | Abubaker Lubowa
The army court was yesterday forced to adjourn three times following a back-and-forth on whether the 34 defence lawyers for Dr Kizza Besigye and co-accused Hajj Obeid Lutale, were properly before it. But as early as 8am, supporters of the remanded four-time presidential candidate, Dr Besigye, had packed the Makindye military court, on the outskirts of Kampala City.
Dr Besigye and Hajj Lutale were abducted in Nairobi, Kenya, on November 16 and arraigned before the army court in Kampala four days later. They are accused of unlawful possession of firearms and ammunition.
At the time of abduction, Dr Besigye had travelled to Kenya to attend a book launch by Kenya’s former Justice minister Martha Karua, who is currently in Uganda as part of the defence legal team. At exactly 1:.42pm, a Toyota Hi ace van, popularly dubbed a drone, and with a notorious reputation for being used by plain cloth operatives for kidnaps, snaked into the heavily guarded court premises with military pick-up trucks shepherding it. Two unusual visitors, Dr Besigye and co-accused Hajj Lutale, were on board.
The supporters burst into chants and political songs as Dr Besigye emerged from the drone. He flashed the Forum for Democratic Change (FDC) party victory salute as his fans went wild. Some donned branded t-shirts with inscriptions - Freedom for All. Dr Besigye and Hajj Lutale were then ushered into the military courtroom where the chairman of the General Court Martial, Brig Gen Robert Freeman Mugabe, and his panel had taken seats. But the supporters put up a fight as they were barred by mean-looking military police personnel from entering the courtroom.
The military police, wielding batons, charged at the supporters forcing them to create space at the entrance. Then came the tough demand to have all the phones left out, including those of defence lawyers of Dr Besigye andHajj Lutale. But Counsel Erias Lukwago and his visiting Kenyan counsel Karua insisted they could not access the courtroom without their phones, which they said have now become tools of their trade. Meanwhile, the court proceedings had kicked off with the court officials reading out the 34 names of defence lawyers expected to represent the co-accused. But the majority were locked outside. Aware of this fact, Counsel Lukwago shouted out to the military police officers. “At least allow some lawyers to access the court with their mobile phones,” he pleaded.
Soon, another dramatic episode ensued with loud cheers from supporters and lawyers who had been blocked from the courtroom. One of the defence lawyers, Eron Kiiza, removed his coat, went down and did nearly 30 press-ups; an indication of readiness for action, amid the cheers. More cheers rang out: “Counsel, counsel, counsel, counsel!” This brouhaha forced the chairman of the military court to stand over the proceedings for some 10 minutes to allow into the courtroom the lawyers who had been locked out.
“I have consulted my colleagues and they have requested me to ask you to allow them to come in with their telephones. Honourable chair, these are now tools of the trade, people use them to search as matters arise,” Counsel Ernest Kalibaala pleaded with the court.
“So the humble request is that they are allowed to come in with those gadgets such that we are able to represent our clients. So that is the prayer that I have to renew,” he pleaded once more.
After 10 minutes of adjournment, the court reconvened with Counsel Lukwago, Karua, and the group being allowed to access the courtroom with their mobile phones. Brig Gen Mugabe then adjourned the court until next Tuesday.
“We always sit on Monday and Tuesday, so Tuesday next week is not very far. Dr Besigye and your colleague, your case is adjourned to December 10 for mention and ruling on the issues raised by the Lord Mayor,” he said.
In attendance were Dr Besigye’s wife, Winnie Byanyima, former Leaders of Opposition in Parliament Mathias Mpuuga and Wafula Oguttu, Kira Municipality MP Ibrahim Ssemujju Nganda, the chairperson of the FDC Katonga Road faction Ambassador Wasswa Birigwa, Ingrid Turinawe, and several MPs.
