Director of Public Prosecutions (DPP)  seeks permission from the court to access Besigye’s phones

An application has been submitted to the Nakawa Chief Magistrates Court by the  Director of Public Prosecutions (DPP)  , requesting permission to access, analyze, and extract data from mobile phones belonging to Dr. Kizza Besigye and his co-accused, Obeid Lutaale. The two are facing charges of treason and misprision of treason.

The application, filed on March 5, 2025, was presented in court on Friday during a session where Besigye, Lutaale, and their co-accused, Captain Denis Oola, appeared before Chief Magistrate Esther Nyandoi for an update on the ongoing investigations into their case.

Chief State Attorney Richard Birivumbuka informed the court that investigations were still in progress and requested an adjournment to expedite the remaining inquiries. The request was granted, and the case was postponed until March 28, 2025.

Shortly afterward, a second case file was brought forward, in which the DPP sought court authorization to extract, analyze, and report on any electronic data found on five mobile devices. These include a red mobile phone with a black cover, a silver iPhone with a blue cover, a black iPhone with a brown/black cover, a purple Samsung phone with a black cover, and a black Itel button phone.

According to the application, Besigye and Lutaale are being prosecuted under Nakawa Criminal Court Case Number A0008/2025. Initially, the case was handled by the General Court Martial in Makindye, but it was later transferred to the Uganda Police Force following a Supreme Court ruling.

The DPP stated that police took over the investigation on February 11, 2025, and received various exhibits, including the electronic devices in question. Preliminary findings suggest that these phones may have been used in committing the alleged offenses and could contain crucial evidence.

Detective Inspector of Police Odye Benedict, who is attached to the Directorate of Criminal Investigations in Kibuli, supported the application through an affidavit. He explained that he was among the officers assigned to the case and that preliminary investigations indicated the devices might hold relevant information for prosecution. He emphasized the need for forensic analysis to determine the nature and evidential value of the data, arguing that preserving and retaining the information would serve the interests of justice.

Additionally, the DPP requested the court to allow the retention of the devices as exhibits until the case is fully resolved. The application has been scheduled for a hearing on March 14, 2025.

Prosecutors initially sought to have the matter heard immediately, but defense lawyers, led by Frederick Mpanga and Erias Lukwago, objected. They argued that they had only received the application on Thursday and had not had the opportunity to review it with their clients. The defense also stated they needed to confirm whether Besigye and Lutaale still wanted them to represent them in this specific matter. If instructed, they intended to file affidavits opposing the application.

During the proceedings, State Attorney Birivumbuka requested the court to remove the name of the third accused, Captain Oola, from the application so that it would only apply to Besigye and Lutaale. He justified the urgency of the matter, noting that the application was promptly filed and served. However, defense lawyer Mpanga insisted that their clients had not yet reviewed the details and needed time to consult with them.

Lukwago also questioned why the prosecution had delayed applying for phone access, given that Besigye and his co-accused had been detained since November 16, 2024. He urged the state to act fairly and transparently.

The prosecution argued that the exhibits were only received on March 4, 2025, and that, in line with their swift response, they had promptly filed the application online via the Electronic Court Case Management Information System (ECCMIS). However, they later provided a hard copy to the defense, as they were unaware that Besigye’s lawyers were not on the online system. Birivumbuka requested a shorter adjournment, proposing a hearing on Monday, but the court declined.

Earlier, defense lawyers opposed the request for an adjournment in the main case, arguing that the era of "trial by ambush" was over. Mpanga criticized the prosecution for prolonging the investigation, demanding clarity on what was left to be examined.

In response, Birivumbuka asserted that the prosecution was not required to disclose detailed information about the ongoing investigation, as doing so could compromise the process. He also pointed out that the law allows investigations to be conducted within six months, meaning they were still within the permitted timeframe.

However, Lukwago challenged this six-month provision, arguing that it was being misused and that the right to a fair trial requires speedy investigations and judicial processes. He urged the court to uphold the principle of timely justice.

Mpanga emphasized that Besigye and Lutaale had been denied their right to liberty since November 2024, and the case had been ongoing for over three months. He requested the necessary facilities—not financial aid—to adequately prepare their defense. Similarly, Captain Oola’s lawyer, Simon Buswaga Nsubuga, supported his colleagues' arguments, noting that his client had been in detention for over a year and four months with no clear conclusion to the investigation.

The session also saw heightened tension when armed Counter-Terrorism officers entered the courtroom, prompting outcries from court attendees who viewed it as intimidation. The situation was diffused after their commander ordered them to leave.

The prosecution alleges that Captain Oola, Dr. Kizza Besigye, and Obeid Lutaale conspired between February 2023 and November 2024 in Geneva, Switzerland, Athens, Greece, Nairobi, Kenya, and various locations in Uganda to solicit logistical support and identify military targets in an effort to overthrow the government.