In a dramatic turn inside the Nakawa Chief Magistrate’s Court on Friday, April 4, 2025, lawyers for jailed opposition leader Dr. Kizza Besigye and his aide Hajji Obeid Lutale announced they will petition the High Court to overturn a controversial ruling that allows a police investigator to testify in private chambers rather than in open court.
The defense team is challenging the decision made by Chief Magistrate Esther Nyandoi, which they argue undermines transparency in the high-profile treason case against Besigye, Lutale, and co-accused Capt. Dennis Oola.
The explosive courtroom moment came during a session convened to receive an update on the ongoing police investigation and to hear the State’s request to extract data from Besigye’s mobile phone.
Defense lawyer Erias Lukwago requested to cross-examine Inspector Bendict Odyek, whose affidavit supports the phone data extraction. But the State, represented by prosecutor Richard Birivumbuka, pushed back arguing that open cross-examination would jeopardize “national security” and the integrity of ongoing investigations.
In a move that sparked visible frustration from the defense bench, Magistrate Nyandoi ruled in favor of a closed-door testimony, agreeing with the prosecution that Odyek’s appearance should be in chambers, not in public.
Lukwago, speaking firmly in court, called the decision “unacceptable” and immediately moved to seek a High Court review of what he termed a blow to judicial openness.
“We cannot allow a justice system where crucial testimonies happen behind curtains. The people deserve to know,” Lukwago told reporters outside court.
The stakes in this case are monumental. Besigye and Lutale have been detained since November 16, 2023, accused of plotting to overthrow the Ugandan government in alleged coordination with Capt. Oola, a serving soldier.
The prosecution insists the treason investigation is still incomplete and needs more time before the suspects can be committed for full trial at the High Court.
Meanwhile, court watchers, opposition supporters and civil liberties advocates are closely monitoring what they see as a judicial battle not just about individuals, but about the soul of Uganda’s justice system.
The case has been adjourned to April 30, but the legal fireworks are far from over. With the High Court petition pending and national attention growing, the path to trial promises to be as charged and complex as the accusations themselves.
