Court Rejects State Bid to Access Besigye’s Phones, Cites Lack of Jurisdiction:Magistrate rules Nakawa court has no authority after case was committed to High Court; supporters celebrate in courtroom
The Nakawa Chief Magistrate’s Court on Thursday dealt a major blow to state prosecutors after dismissing an application seeking access to the mobile phones of Dr. Kizza Besigye and Hajj Obeid Lutale, who face charges of treason and misprision of treason.
Presiding Magistrate Christine Nantege ruled that her court lacked jurisdiction over a case already committed to the High Court.
The decision, delivered amid chants and celebratory songs from Besigye’s supporters, marked a significant procedural win for the opposition figure and his co-accused.
The two arrived at the court premises around 10:20 AM and were brought into the courtroom twenty minutes later to loud cheers from their energized supporters.
The ruling addressed two key matters: the state’s request for access to the accused persons’ phone data, and an application from the defense seeking the magistrate’s recusal on grounds of alleged bias and misconduct.
In a firm pronouncement, Magistrate Nantege held that her court had no legal authority to entertain the state’s application once the case had been committed to the High Court.
She emphasized that any new orders or decisions relating to the case now fell solely within the High Court’s jurisdiction.
This refusal to grant access to phone data is seen as a major setback for the prosecution, which defense lawyers argue is clutching at evidence it failed to secure before committing the case.
Erias Lukwago, who leads Besigye’s legal team, said the state’s move revealed deeper flaws in the case.
“The state jumped the gun and committed a file to the High Court without conducting full investigations. Today’s ruling has exposed the hollowness of the case—it lacks any nitty-gritties,” Lukwago said outside the courtroom.
He called on the Director of Public Prosecutions to consider withdrawing the charges entirely.
Magistrate Nantege also declined to rule on the defense’s request for her recusal, maintaining that since the case had already moved to the High Court, she no longer had standing to rule on any aspect of it, including concerns about her conduct.
Despite the court victory, both Dr. Besigye and Hajj Lutale remain in detention. Their legal team is now turning its attention to securing their release on mandatory bail.
According to Lukwago, a bail application has already been scheduled, but logistical hurdles remain.
The challenge lies in harmonizing the bail application process with the judiciary’s internal coordination.
Court Rejects State Bid to Access Besigye’s
While the substantive treason case has been allocated to Justice Baguma of the International Crimes Division, the bail matter is currently under the Criminal Division of the High Court—necessitating cross-division coordination for the matter to proceed.
Magistrate Nantege’s decision not only frustrates the state’s attempt to acquire what it termed crucial digital evidence, but also raises questions about the thoroughness of the prosecution’s early investigation. The defense argues that the state’s bid to retrieve phone data now—more than six months into their clients’ detention—is a sign of prosecutorial weakness.
For now, the legal fight over the high-profile treason case shifts entirely to the High Court, where the accused are expected to press for bail and challenge the merits of the charges.