By The Nakawa Chief Magistrate’s Court has granted a request by state prosecutors to allow a police officer to testify behind closed doors in a case involving an application to access Opposition leader Dr. Kizza Besigye’s mobile phone data.
This decision comes amid ongoing treason investigations against Dr. Besigye and his co-accused, Hajj Obeid Lutale and Capt Denis Oola. On Friday, April 4, the court resumed hearing the matter when Dr. Besigye’s legal team, led by lawyer Erias Lukwago, sought to cross-examine Detective Inspector of Police Benedict Odyek in open court. Odyek had submitted an affidavit supporting the State’s application to gain access to the electronic devices belonging to the accused.
Lukwago contested the request for a private hearing, arguing that the State claiming to act on behalf of the people of Uganda should not seek to shield a public officer from open cross-examination. “It is Uganda versus Dr. Besigye and Hajj Obeid Lutale, not versus Odyek,” Lukwago said.
However, lead State Prosecutor Richard Birivumbuka objected, asserting that allowing Odyek to be cross-examined publicly would compromise national security and jeopardise sensitive investigations. Birivumbuka requested that the testimony be held in camera inside the magistrate’s chambers away from the media and public scrutiny.
Presiding Chief Magistrate Esther Nyandoi accepted the State’s request, ruling that the closed-door session was justified under the circumstances.
According to Article 28(1) of The Constitution permits courts to exclude the press or public from proceedings when necessary for reasons of morality, public order, or national security. This clause seeks to balance public interest with the right to a fair and speedy trial in a free and democratic society.
Dr. Besigye’s lawyers were dissatisfied with the ruling and announced their intention to petition the High Court for a review. Counsel Frederick Mpanga asked the magistrate’s court to stay proceedings until the higher court rules on the matter. In response, Magistrate Nyandoi adjourned the case to April 30, 2025.
According to the application before the Nakawa court, the prosecution is seeking access to electronic devices allegedly used in the commission of treasonous acts. The gadgets include several mobile phones: a black-covered phone marked KB1, a silver iPhone with a blue cover marked KB2, a black iPhone with a brown/black cover marked KB3, a purple Samsung phone marked OK1, and a black Itel button phone marked OK2.
In his affidavit dated March 5, 2025, D/IP Odyek stated that the Uganda Police Force officially took over the case from the General Court Martial on February 11. He added that the listed devices were obtained as part of the investigation and may contain crucial data. “Preliminary investigations indicate the devices may have been used in the commission of the offences and contain relevant information needed to resolve Criminal Court Case A0008/2025,” he said.
Odyek emphasized that forensic access to the data is essential for the State to determine its evidential value and preserve it for trial. “It is in the interest of justice to retain the extracted data until the conclusion of the case,” he noted.
As the legal battle unfolds, Dr. Besigye’s legal team is preparing to challenge what they see as an infringement on the principles of transparency and open justice.
