Opposition stalwart Dr. Kizza Besigye has refused to plead to the new charge of treachery before the General Court Martial.
“Mr. chairman, I decline to take plea,” the defiant retired Colonel addressed the chairman of the court, Brig Gen. Robert Freeman Mugabe.
Dr. Besigye, alongside his aide, Mr. Obeid Lutale, through his lawyers, seemed determined not to plead to the new charge.
In addition to the new treachery charge, Denis Oola, a captain belonging to the amoured brigade of UPDF, and a third suspect were added on the charge sheet.
Dr. Besigye and aide Mr. Lutale face charges related to security and being in possession of firearms and ammunition. Dr. Besigye insisted that the military court does not have powers to try civilians.
To add to his defiance, Dr Besigye, on leaving the court dock where he had spent most of the day yesterday, left singing the defiance song: “We shall overcome some day…”, which his supporters joined in.
A host of defence lawyers led by Kenya’s former Justice Minister Martha Karua, Kampala Lord Mayor Erias Lukwago, Mr. Fredrick Mpanga, and Mr. Ernest Kalibaala had disagreed with the earlier decision of the court that held that it had the power to try their clients, Dr. Besigye and Lutale.
In response, director of prosecutions Raphael Mugisha argued that the Supreme Court has since stayed the implementation of the directives of the Constitutional Court, meaning that the current status is that civilians can be tried by the military courts.
On his part, the Chairman of the Court entirely agreed with the counsel of the State that most of the legal questions that the defence team of Dr. Besigye was seeking had already been determined by the interpretation of the Supreme Court.
He concluded, “This court will continue hearing the case following the order of stay that was given by the Supreme Court, and the application is hereby declined. The accused should take plea. We so rule.”
Since Dr. Besigye and the court were not reading from the same page, the court further remanded him to Luzira prison until February 3.
Dr. Besigye has been on remand at Luzira prison since November last year when he was arrested from Kenya’s capital Nairobi and brought back to Uganda.
