The High Court in Kampala has declined a request by defence lawyers representing opposition figure Dr. Kizza Besigye and his co-accused to refer several questions to the Constitutional Court for interpretation.
Following completion of the disclosure of evidence by Prosecution yesterday, the court scheduled a preliminary hearing for June 8 and set June 11 as the date for the start of the trial.
However, Dr Kizza Besigye’ s lawyers including Ernest Kalibala, Erias Lukwago, Bayern Turinawe and Fredrick Mpanga—objected to the timelines.
They argued that the schedule was too tight and risked undermining the accused persons’ constitutional right to a fair hearing. They also raised concerns about limited access to their clients.
The lawyers asked court to seek guidance from the Constitutional Court on whether the time given for preparation was adequate, whether restrictions on consultations with the accused were lawful, and whether fixing a trial date before completing pre-trial processes was consistent with constitutional safeguards.
Justice Emmanuel Baguma, in a ruling delivered Monday night via the Judiciary’s electronic case management platform, said the issues raised by the defence did not meet the threshold required for constitutional interpretation.
In dismissing the application, Justice Baguma ruled that the defence had enough time to prepare.
He noted that while the most recent disclosure identified six additional witnesses, much of the evidence had already been shared earlier in the year, giving the defence ample opportunity to study the case.
On the issue of access, the judge stated that arrangements could be made with prison authorities to allow lawyers to meet their clients outside normal working days. He pointed out that court had already directed that such access be facilitated where necessary.
Justice Baguma also backed the court’s decision to set trial dates in advance, saying it was part of efficient case management and did not in any way prejudice the accused.
He emphasized that procedural disagreements do not automatically amount to constitutional disputes, concluding that the defence had not demonstrated sufficient grounds to warrant a referral.
Dr Besigye, alongside Hajji Obeid Lutale and Captain Denis Oola, is battling treason charges linked to an alleged scheme to remove the government from power.
According to the state, the accused allegedly held meetings in various international and regional cities, including Geneva, Athens, Nairobi and Kampala, where they are said to have mobilised resources, sought weapons and coordinated activities aimed at overthrowing the government.
Prosecutors further allege that there were plans to recruit and train Ugandans abroad, though the effort was disrupted before it could take off.
