KAMPALA– The high court Criminal Division on Wednesday ruled that it has jurisdiction to hear the treason case against Rtd Col Dr Kiiza Besigye, his aide Hajji Obeid Lutale and a UPDF soldier capt Denis Olaa.
This followed Besigye’s application through his lawyers requesting Justice Baguma to forward the file high court International Crimes Division (ICD) which they say has the jurisdiction to try them.
The Applicants also asked Justice Baguma to recuse himself from this matter on grounds that he is biased and incompetent.
“It is my considered view that the application for mandatory bail was considered on its own merit basing on the facts and the law relating to mandatory bail. The accused
persons cannot use a decision of court for denial of mandatory bail to impute incompetence or bias on the side of the Judge.” ruled Baguma
The Judge also pointed out that where parties get decisions that are not in their favour like it was in the application for mandatory bail filed by Besigye and others , the remedy and procedure of challenging decisions lies under the law but not hiding under allegations of incompetence or bias.
“The accused persons further claimed that they made a complaint against the trial judge in Judicial Service Commission petitioning his removal from office. It is my view that the alleged complaint with JSC is not a bar or a stay of proceedings.”
The Judge declined to forward the file to the ICD, saying that his court has ever tried cases of similar nature and hence it holds the necessary jurisdiction to entertain the immediate matter.
That although Captain Oola Dennis (A3) had raised an issue concerning his identity in the indictment that he is not the person mentioned in the indictment. “That although they are of the same force number and rank, the names and age are
different. It is my view that this issue can be sorted out during scheduling before plea taking hence I don’t find it necessary to resolve it at this stage.”
In the final results, court ruled that the issue of identity will be resolved during plea taking and the Registry was ordered to fix the matter for scheduling and Plea taking.
Besigye, his aidee Obeid Lutale and a UPDF soldier capt Denis Olaa have been on remand since November last year on charges of treason they allegedly committed in countries of Kenya, Greece and Switzerland between 2023 and November last year.
