Besigye asks Nakawa magistrate Christine Nantege to step aside over bias 

Rt. Col. Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale Kamulegeya, have formally requested Nakawa chief magistrate Christine Nantege to recuse herself from further presiding over their case, citing bias, incompetence, and judicial misconduct.

The request was presented in court on Thursday by the accused’s legal team led by Erias Lukwago, who also submitted a formal complaint to the Judicial Service Commission (JSC). In their petition, Besigye and Lutale accuse Nantege of judicial malpractice, abuse of authority, and violations of their constitutional rights.

The complaint was raised in court Thursday morning as the two returned for a hearing in which the state seeks to confiscate and conduct forensic analysis on their mobile phones as part of the ongoing treason case.

Besigye and Lutale object to Nantege handling the application, arguing that due to the gravity of the charges, which carry the death penalty, it should be determined by a judicial officer who demonstrates impartiality and procedural competence.

The accused argue that Nantege is unfit to hear the application due to her past conduct, particularly her decision to commit them to the High court in the absence of their legal counsel. They say this violates Article 28(3)(d) of the Constitution, which guarantees the right to legal representation.

They further contend that once the case was committed to the High court on May 29, 2025, the magistrate ceased to have jurisdiction, and her decision to fix a hearing for the state’s application post-committal is illegal. Lukwago cited Section 168 of the Magistrates Courts Act, which stipulates that a magistrate’s role ends once a case is committed for trial in the High court.

Besigye and Lutale also accuse the magistrate of refusing to acknowledge that the suspects have exceeded 180 days on remand, which under the 2022 Constitutional Bail Guidelines makes them eligible for mandatory bail.

They say her failure to forward their file to the High court to facilitate the bail process amounts to a violation of Article 23(8) of the Constitution and reflects either negligence or deliberate obstruction.

The complaint also highlights concerns about courtroom disorder, including verbal and physical confrontations, which the defence claims have been left unchecked by the magistrate, thus undermining the integrity of the proceedings and endangering court users.

The Judicial Service Commission acknowledged receipt of the complaint dated June 12, 2025. It calls for a formal investigation into Nantege’s conduct, appropriate disciplinary action, and new guidance to magistrates on jurisdictional limits and the upholding of constitutional rights in criminal trials.

After hearing the defence’s request, Nantege stated she would deliver her ruling on whether she will recuse herself from the case on June 26, 2025. Meanwhile, Besigye and Lutale were further remanded to Luzira prison, where they await arraignment before the High court on treason charges.

They were jointly committed with Captain Denis Oola by Nakawa chief magistrate Richard Birivumbuka. Despite the committal, the DPP’s application to extract phone data remains pending in Nakawa, a development the defence says contradicts legal procedure and escalates their grievances against magistrate Nantege.

According to committal documents, the state alleges that between 2023 and November 2024, Besigye, Lutale, and Oola conspired to overthrow the Ugandan government through acts and utterances made in Geneva (Switzerland), Athens (Greece), Nairobi (Kenya), and Kampala.

The prosecution claims the trio attended strategic meetings, solicited funds, and sought firearms in pursuit of their plan. The state further alleges that Besigye, a retired colonel and founding member of the Forum for Democratic Change (FDC), used these meetings to coordinate with foreign operatives, including a Kurdish intelligence agent identified as “AW” to discuss sabotage, military training, and an assassination attempt on President Yoweri Museveni using a drone.

Prosecutors claim Besigye received $5,000 from AW to transport 36 Ugandans to Kisumu, Kenya, for paramilitary training. The group was intercepted, arrested, and deported to Uganda, where they were charged with terrorism.

The operation, according to the state, was monitored and recorded by AW in cooperation with Ugandan military intelligence. Besigye is also accused of requesting military-grade weapons, counterfeit currency, and ricin poison with the alleged aim of targeting major military installations.

The state intends to rely on audio and video recordings, social media conversations, immigration logs, and phone call records during the trial. The accused were arrested on November 17, 2024, in Kenya, allegedly in possession of pistols and other prohibited items.

Captain Oola was reportedly recruited into the plan in October 2023 and expressed support for the coup in WhatsApp messages. The state alleges that the three acted with common intent and failed to report the planned treasonous acts, and will urge the High court to convict them as charged.

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