An application by the state to have access to the phones of opposition strongman, Dr. Kizza Besigye and his co-accused, Obeid Lutale, who are facing treason charges, has collapsed
The state through the office of the DPP had filed an application seeking to have access, analyze and extract data from the phones of duo and the same would be used as evidence in the case against them.
However, on Thursday, Nakawa Chief Magistrate Christine Nantege ruled that she has no jurisdiction to entertain the application since the matter has since been overtaken by event after the accused where committed to High Court for trial.
Consequently, the magistrate also declined to rule on the request by Besigye’s lawyer asking her to recuse from hearing the case which is now scheduled for hearing before High Court.
The charges
Besigye and his co-accused are alleged to have committed treason, contrary to Section 23(1)(c) of the Penal Code Act, Cap 128.
Prosecution states that Dr Col (rtd) Besigye, his aide, Hajji Obeid Lutale, 65; Captain Oola, 48 a UPDF soldier and others still at large between the year 2023 and November 2024 at various places/countries, including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya, Kampala in Uganda, contrived a plot, act or matter by force of arms to overturn the Government of Uganda as by law established and expressed or declared such plot, act or matter by utterances and overt acts.
Prosecutions also alleges that the trio together with others still at large travelled to various countries including Switzerland, Greece, Kenya to attend meetings to further the plot to overturn the government of Uganda as by law established.