The High Court in Kampala has cleared the way for opposition figure Dr Kizza Besigye and his co-accused to stand trial on treason charges, dismissing a bid to terminate the proceedings as an abuse of court process.

In a ruling delivered electronically through the Electronic Court Case Management Information System, Justice Emmanuel Baguma rejected an application by Besigye and businessman Hajji Obeid Lutale seeking to halt the case and nullify the charges. The judge held that the application lacked merit and was intended to delay the criminal trial.

The decision means Besigye, Lutale and Uganda Peoples Defence Forces officer Captain Denis Oola will proceed to trial in Criminal Session Case No 335 of 2025 on allegations that they plotted to overthrow the government.

The applicants had argued that their constitutional right to a fair hearing had been irreparably violated. In affidavits, they claimed they were abducted in Nairobi by Ugandan security operatives, forcibly returned to Uganda, detained incommunicado at Makindye Military Barracks, denied access to lawyers and doctors, and held beyond the 48-hour constitutional limit before being produced in court.

They also sought unconditional release and state-funded treatment and rehabilitation at the African Centre for the Treatment and Rehabilitation of Torture Victims or another medical facility. Besigye further accused Chief of Defence Forces General Muhoozi Kainerugaba of making prejudicial public statements that compromised his right to a fair trial.

The respondents, including Gen Muhoozi, senior UPDF officers and the Attorney General, denied all allegations. Through the Attorney General’s Chambers, the state insisted that no Ugandan security agency abducted or arrested the pair in Nairobi and that the named officers did not participate in any such operation. The government maintained that the accused were informed of the reasons for their arrest, had access to legal and medical services, and now face treason charges grounded in evidence and law.

Justice Baguma found that the applicants had failed to provide credible proof of the alleged violations, describing their affidavit evidence as too shallow to persuade the court. He noted that no complaints had been raised at earlier stages of the proceedings and observed that the application was filed only after the prosecution was directed to start calling witnesses.

Relying on a recent Constitutional Court decision, the judge reiterated that alleged human rights abuses do not automatically terminate criminal proceedings and that aggrieved parties have alternative remedies such as constitutional petitions and habeas corpus. He ordered the treason trial to proceed without further delay and directed prison authorities to ensure the defence has reasonable access to the accused for trial preparation.