By The Ugandan State has formally petitioned the Nakawa Chief Magistrate’s Court for permission to access electronic data from mobile phones belonging to detained opposition leader Dr. Kizza Besigye and his co-accused.
According to an application filed last Friday, the State is seeking forensic access to the mobile devices of Dr. Besigye, his political aide Hajj Obeid Lutale, and Capt. Denis Oola as part of its treason case against them.
The request is supported by an affidavit sworn by Detective Inspector of Police (D/IP) Benedict Odyek, who is among the officers assigned to investigate the case following its transfer from the General Court Martial to civilian jurisdiction.
State’s Justification for Phone Access
D/IP Odyek’s affidavit, dated March 5, states:
“The Uganda Polic] took over the investigations of the case on February 11, 2025, and I was one of the officers assigned to investigate. As part of the investigations, we received several items as exhibits, including the electronic devices in question.”
The affidavit further asserts that preliminary investigations suggest that the devices may have been used in the commission of the alleged offenses and may contain critical data and communications relevant to the case.
“It is necessary to forensically access, extract, and analyze the electronic data contained in these devices to determine their evidential value,” Odyek argues.
He further contends that preserving the extracted data is in the interest of justice, as it may serve as crucial evidence until the final determination of the case.
The court is set to hear the application on Friday, where it will decide whether to grant the State permission to access the devices.
Besigye and Co-Accused Face Treason Charges
Dr. Besigye, along with Lutale and Capt. Oola, was officially charged on February 21 with treason and misprision of treason before the Nakawa Chief Magistrate’s Court.
Treason is a capital offense in Uganda, carrying a maximum penalty of death by hanging upon conviction.
The prosecution alleges that between 2023 and November 2024, Dr. Besigye and his co-accused conspired to overthrow the Ugandan government through force. The charge sheet details that they engaged in:
- Meetings held in Geneva (Switzerland), Athens (Greece), Nairobi (Kenya), and Kampala (Uganda) aimed at organizing efforts to destabilize the government.
- Recruitment and training of Ugandan citizens in Kisumu, Kenya in military and intelligence-gathering techniques.
- Soliciting military, financial, and logistical support to aid in their alleged efforts to overthrow the government.
The alternative charge of misprision of treason accuses the three of knowing about plans to commit treason but failing to report it to the authorities as required by law.
Legal Controversy Surrounding Besigye’s Detention
Dr. Besigye was arrested on November 16, 2024, during a visit to Nairobi, Kenya, before being extradited to Uganda and charged before the General Court Martial.
His detention has since sparked legal and political debate, particularly following a landmark Supreme Court ruling on January 31, which declared the trial of civilians in military courts unconstitutional. The ruling raised questions over why Dr. Besigye and others in similar circumstances remain detained.
As the case unfolds, the March 14 court session will be critical in determining whether the State will be granted access to the seized electronic devices, a move that could shape the trajectory of the prosecution’s case.
