Besigye treason case transferred to High Court after magistrate cites no jurisdiction

Nakawa Chief Magistrate Christine Nantege on Thursday ruled that the court does not have jurisdiction to hear any applications arising from the treason charge, including bail and another motion seeking the judge’s withdrawal from the case.

The treason case against prominent Ugandan opposition figure Dr Kizza Besigye and his aide Hajj Obeid Lutale has been officially transferred to Uganda’s High Court.

Reports indicate that Nakawa Chief Magistrate Christine Nantege on Thursday ruled that the court does not have jurisdiction to hear any applications arising from the treason charge, including bail and another motion seeking the judge’s withdrawal from the case.

Besigye and Lutale appeared at Nakawa Court on Thursday, under heavy police security, seeking bail and requesting that Magistrate Nantege excuse herself, alleging bias and improper conduct.

They were met with chants of “We shall overcome someday” from fellow prisoners upon entering the courtroom. Besigye and Obeid have been held in remand since November 2024.

Earlier this month, the duo’s lawyer, Erias Lukwago, filed a complaint before Uganda’s Judicial Service Commission, accusing Magistrate Nantege of judicial malpractice, incompetence, and failure to withdraw herself from the case when the defense raised the issue.

“She has failed to pronounce herself on the simple matter of computing the remand period,” Lukwago told reporters then.

He also argued that the pair is entitled to bail after exceeding 180 days in custody for a capital offence, in line with Ugandan regulations, which also decree that treason cases must explicitly be handled by the High Court.

“Even guideline 10 of the Chief Justice’s practice guidelines directs that in cases involving capital offences, if an accused person spends more than 180 days on remand, the file should be forwarded to the High Court for consideration of mandatory bail. She declined to do even that,” said Lukwago.

The proceedings were adjourned to June 26, 2025, to allow the High Court to begin hearing the applications. Besigye and Lutale were subsequently remanded back to Luzira Prison, where they remained in custody pending their Thursday morning court appearance.

The Nakawa Court later confirmed on Thursday that it would not handle their bail or withdrawal motions and set a transfer of the case to the High Court.